people whereto the Nobilitie as well as the rest should contribute imposing 5. Maravidis of gold for every person but it took no effect for all the Gentlemen of Castile being discontented that he sought to infringe their Liberties fell to armes and being led by the Earle Don Pedro de Lara they were resolved to resist this tax and defend their Liberties with the hazzard of their liveâ— Whereupon Alphonso changed his opinion and let them understand that from thenceforth he would maintain their immunities and that whatsoever he had then propounded was not to continue but only to supply the present necessity of affaires which he would seek to furnish by some other meanes For the great resolution which Don Pedro de Lara shewed in this action the Nobility of Castile did grant to him and his successours a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile z An. 1204. King Alphonso the Noble called a Parliament of the Lords Prelates and Deputies of the Townes of his Realm at Toledo to advise and assist him in his warrs against the Moores where they concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the supersluities of the Realm in feasts apparell and other things Iames the 8. King of Arragon being young at the time of his Fathers death it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority but they gave him limitation The Kings person they recommended to Frier William of Moncedon Mr. of the Templers After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it by the fidelity of the Estates and their authority his interest was preserved and three Governours with a superintendent of his Provinces were appointed by them and to prevent the continuall practises of the Earles of Roussillon and Fernand the kings Uncles the states and justice of Arragon declared the King of full age when he was but ten yeeres old and caused the Earle of Roussillon to quit the Regencie the authority of the justice of Arragon being then great for the defence of the publike liberty An. 1214. Alphonso the Noble king of Castile dying his sonne Henry being but 11. yeer old the Prelates Nobles and Commons assembled at Burgon having declared him king and taken the oath made Queen Eleonora his Mother Governesse of his Person and Realms after whose death the custody of him was committed to the hands of the Lords of Lara This king afterwards playing with other yong children of Noble Houses at Palenca in the Bishops Palace one of them cast a tyle from the top of a Tower which falling on the covering of an house beat down another tyle which fell on the young kings head wherewith he was so grievously hurt that hee dyed the eleventh day after An. 1217. yet this his casuall death for ought I finde was neither reputed Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was proclaimed and made King by the States of Castile to prevent the pretentions of the French after which his Mother Queen Berenguela in the presence of the Estates renouncing all her right to the Crown resigned it up to her sonne Fernand About this time the Moores in Spain rejected the Miraluminis of Africk and created them severall Kings and Kingdomes in Spain being never more united under one Crown after this division which they thought it lawfull for them to make An. 1228. the Estates of Arragon assembling at Barcelona they consenting and requiring it according to the custome of the Arragonians and Cattelans these Estates having authority to make Warre and Peace and Leagues a warre was resolved against the King of the Moores and Majorkins Anno 1231. the Realm of Navarre being very ill governed by reason their King Sancho retired to his chamber did not speak with any man but his Houshold servants and would not heare of any publike affaires thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse to prevent which Sancho made an unjust accord with the king of Navarre and confederated with Iames King of Arragon by the assents of the states of the Realm to leave his Kingdome to him if he survived him yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia without whom it was not lawfull for the King to undertake any matter of importance For maintenance of this warre a custome called Marebetine and an exaction of impost for cattell was by the Estates imposed on the People it was likewise decreed that all peeces of Gold and silver coyned should be of one goodnesse and weight to the observation of which Edict for coynes all were bound to sweare that were above 18. yeers of age Anno 1236. Iames King of Arragon revealing to his Confessor the Bishop of Girone that before his marriage with Queen Yolant he had passed a matrimonial promise to Theresa of Bidame she sued him thereupon before the Pope who gave sentence against her for want of sufficient witnesse notwithstanding his Confessors testimony The King hereupon grew so angry with the Bishop for revealing his secrets that sending for him to his chamber he caused his tongue to be cut out For which out-rage committed on the Bishop though faulty the Pope in the Councell of Lions complained and in the end interdicted all the Realme of Arragon and excommunicated the king Hereupon to take off this interdiction and excommunication the king sent the Bishop of Valentia with his excuse and humiliation to the Pope wherewith he being somewhat pacified sent two Legates into Arragon who having assembled a Synod of Bishops at Lerida they caused the King to come thither and to confesse his fault upon his knees before these fathers with great submission and teares who gave him absolution upon condition he should cause the Monastery of Boneface to be built and endowed with an hundred and forty pounds of silver of annuall rent endow an Hospitall for the poore with foure hundred pounds silver per annum and give a Prebendary in the great Church of Girone for the maintenance of a Masse-priest About which time the Moors in Spain erected many new Kings and Kingdoms by mutuall consent and Mahumad Aben Alamar for his valour was by the Inhabitants of Mariona elected and made first King of Granado Anno 1243. all was in combustion in Portugall by the negligence and basenesse of their king Don Sancho
King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large progresse the Papists have lately made in Ireland Scotland and England to accomplish this their long-agitated Conspiracie and the late strange proceedings in Ireland where the best Protestants are displaced disgraced restrained the Popish Rebels advanced and a truce negotiated if not fully concluded with the Rebels to the end that all their forces may be speedily transported hither to ruine our Religion and cut all our throats enough to awake the most stupid English spirits and rouze them up to a speedy unanimous resolution to unite all their purses and forces to the Parliament against the Popish Conspirators and these bloody Butchers now ready to devoure us and then I douâ—t not if they have any true love to God Religion King Countrey themselves or their Posterities they will soon change their former opinions and practises against the Parliaments just proceedings and joyn hearts hands forces yea their uttermost endeavours with them to prevent and ward off that imminent destruction which now hangs over our heads and will in short time wholly ruine us if God open not our eyes and unite not all our hearts and mindes unto the Parliament with one unanimous resolution to oppose these cursed Confederates who have plotted occasioned all these warres and miseries under which our Kingdomes now groan and languish which long plotted Treacherie in humane probabilitie can no wayes be prevented nor a settled peace and Reformation established but with the totall suppression of the Popish partie now in Arms and by rescuing His Majesties person Children forces out of their Trayterly hands and power whose death they have conspired long agoe if he refuse to grant them an universall open toleration of their Antichristian Religion in all His Kingdoms and then to seise upon the Prince and train him up in their Religion which how easie it is for them to effect now they have the King Prince the Kings Ports his Forces in their power yea potent Armies of their own in the field here and such a force of Irish Rebels now ready to be shipped over to Chester Milford and Bristoll for their assistance and enforcement to over-power the Protestant party in the Kings Armies no understanding man can without fear and trembling coâ—sider O then if ever we will shew our selves faithfull valiant couragious magnanimous bountifull really cordiall and loyall to our King Kingdoms Countrey Parliament Religion Laws Lives Liberties Kinred Families Posterities Let all who professe themselves Protestants lay aside all causelesse jealousies and prejudices against the Parliament or any others and now speedily unite all their Prayers Hearts Hands Purses Forces Counsells and utmost endeavours together to defend secure them all against these forraign and domestice Jesuiticall Romish Confederates and if any prove traiterous fearfull cowardly unfaithfull base or faint-hearted in this publike Cause as too many who deserve to be made spectacles of treachery and cowardise to posteritie and cannot without injustice or dishonour to the Parliament and Kingdom be suffered to scape scot-free without severe exemplary punishment have done to their eternall infamy and betraying of their Countrey the present generations shall abhorre them posteritie curse and declaim against them as most unnaturall Monsters unworthy to breath in English ayre or enjoy the name the priviledges of English men or Protestants There is a double kinde of Treachery in Souldiers both of them adjudged Capitall The first proceeds from a sordid pusillanimous fear unworthy the spirit of a Souldier and this is Câ—pitall both by the Civill and Common Law By the Civill Law The Souldiers who first begin to flye or but fain themselves sick for fear of the Enemy are to be adjudged to death for this their cowardize Yea Lacaena and Dametria two magnanimâ—us Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming tbem as degenerous Brats and not their sonnes the latter of them inscribing this Epitaph on her sonnes Tombe Hunc timidum Mater Dametriam ipsa peremit Nec dignum Matre nec Lacedaemonium Indeed Charondas and the Thurians enacted That cowards who basely fled or refused to bear Arms for their Countries defence should set three dayes one after another in the open Market-place clad in Womans apparell a punishment farre worse then death it self writes Diodorus Siculus whereas all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of Gemines and Weston 1. R. 2. num 38 39. who were adjudged Traytors in Parliament for surrendering two Castles in France onely out of fear when they were strongly besieged and battered sooner then they needed without any compliency with tbe enemy The Case of Jobn Walsh Esquire accused of bigh Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as he might have defended it And the Case of Henry Earl of Essex in the second yeer of Henry the second accused of high Treason by Robert de Monfort and vanquished by him in a Duell waged thereupon for throwing down the Kings Standard which he bare by inheritance and flying in xpassing a straight among the Mountains when fiercely encountred by the Welsh For which though his life was pardoned yet he was adjudged to be shorne a Monke put into the Abbey of Reading and had his Lands seised into the Kings hands And as for treacherous revolting to or delivering up Castles to the Enemy it is Capitall and high Treason by all Laws and so resolved in Parliament 3. R. 2. in the Case of Thomas Ketrinton Esquire accused of high Treâson by Sir John Annâ—sley Knight for delivering up the Castle of Saint Saviour in the Isle of Constantine to the French for a great summe of Money when as he neither wanted provisions nor means to defend it As for those unnaturall Vipers and Traytors who shall henceforth after this discovery joyn with the Popish Conspirators to ruine their Religion Countrey and the Parliament for private ends as Count Julian the Spaniard joyned with the Mores An. Dom. 713. whom he brought into Spain his native Countrey furiously pursuing his own private injury with the Ruine of the publike I shall onely bestow his Epitaph upon them with which I shall conclude this Treatise Maledictus furor impius Juliani quia pertinax indignatio quia dura vesanus furià ammimosus furore oblitus fidelitatis immâ—â—or religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen ejus in aeternum puâ—â—escet FINIS AN APPENDIX Manifesting by sundry Histories and Authors that in the ancient Roman Kingdome and
even for the subjects themselves also to take them out of the way But if the Prince be an absolute Soveraigne as are the true Monarchs of France c. where the Kings themselves have the soveraignty without all doubt or question not divided with their subjects in this case it is not lawfull for any one of their subjects in particular or all of them in generall to attempt any thing either by way of fact or justice against the honour life or dignity of the Soveraigne albeit hee had committed all the wickednesse impiety and cruelty that could be spoken so Bodin By whose words it is cleare that the ancient kings of France were inferiour in Jurisdiction to their whole kingdomes and Parliaments yea censurable by them to deposition or death Yet that their kings of late are growne absolute Monarchs above their kingdomes Nobles Parliaments and so not responsible to nor punishable by them for the grossest misdemeanours But if this their absolute Monarchy be onely an usurpation as many conceive it not of right by their Parliaments and kingdomes free grants and consents they are still in truth of no greater Authority nor no more exempted from iust censures then their predecessours Now it is clear that in ancient times the 3. Estates and great Councell of France assembled in Parliament and their twelve Peeres or kings as Fabian termes them were the highest power and judicature from which there was no appeale that the Kings of France could make no binding Lawes but by their Authority though now of late they doe what they please and that they have judged the differences between the Crownes of England and France as I have formerly proved and exercised the same or as great authority as the Parliament of England hath done which authority it hath lost by certaine degrees To give a few more instances to cleare this truth Pharamond the first King of the Franks that Reigned in France An. 420. was elected King by the unanimous vote and consent of all the people and by their advice and consent in his Raign the Salique Law was made to Regulate the discent of the Crowne that no women should be heires to it or claime it by discent which Law continues of force untill this day as all the French historians generally accord who make frequent mention of it though our English have much oppugned it as you may read in Hall and Speed Childericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise that hee became obible to his subjects perceiving the murmur of the people and fearing his sudden destruction by the counsell of Guynemeus fled out of his kingdome to Beseigne king of Thuringes Whereupon the French-men with one assent chose Gyll a Roman for their King and governour who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus a fast friend to Childericus and using sharp execution upon some of the Nobles so farre discontented his subjects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childerious againe restored and made him King after whose death his sonne Clodovius was by the people ordained and authorised for King of France between whose foure sonnes it was afterwards divided After the death of Chilpericus Clotharius being very young Gunthranus king of Orleans his uncle with the assent of the Nobles of the Realme was made his Tutor who comming to age hee offered to referre the differences between Sigebert and himselfe touching Austracy to which both laid claime to an Assembly of the Lords of that Kingdome and condemned Queen Brunicheild by the unanimous consent of the Lords to bee tyed by the haire of her head to a wilde horse taile and so to be drawed while shee was dead for her many murthers and criminous deeds which was accordingly executed King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes that those who dwelled in the out parts of the Realme neere the Turkes and other strange Nations chose rather to put themselves under their government than under the Rule of their owne naturall prince Poytiers rebelled against him his Lords murmured so much against him that Pipin and Martain two of his great Lords and agents to save his Crown dissuaded him from his ill counsells whence a little before his death calling a great counsell of his Lords Spirituall and Temporall hee made his will and setled his Kingdome by their advice dividing it between his two sonnes Theodoricus king of France giving himself to sloath and idlenesse committed the government of the Realme to Ebroyn Mr. of his Palace who did what he liked and vexed and troubled the Subjects grievously wherefore by assent the Lords assembled them and by authority deprived the King of all Dignity and closed him in a Monastery during the residue of his life when he had borne the name of a King without executing of the art thereunto belonging three yeares the cruell Ebroyn they exiled to Luxenbourgh during life making Childericus brother to Thesdericus King Ann. 669. who oppressing his subjects grievously and using the Lawes of his progenitors after his pleasure and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death without guilt or Treaspasse Hereupon the Lords and Commons fearing like punishment without deserving murmured and conspired against him and slew him and his wife then great with Childe as they were hunting in a wood After which they restored Theodericus whom they had deposed to his former dignity under whom Ebroyn getting into place and favour againe used such Tyrannie towards the Nobles and People that Pipin and Martaine raised a great army against him lest he should destroy the Commom-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Daegobert the second dying without any Issue or knowne Heire at all one Daniel after named Chilpericke a Priest was by the Lords and peoples generall assent chosen King of France Anno 721. for that by their former experience of him they deemed him apt for the rule of the Land After whose death Theodoricus sonne to Dagobert secretly fostered among Nunnes within Nunneries in womans cloathing was espied and admitted for King During most of the forenamed Kings the grand Master of the Palace swayed the Kingdome at his pleasure and executed the Office of the Kings who had nothing but the bare name of Kings and were subject to this grand Officer Whereupon Theodoricus dying Childericus his sonne being a Sott and for his dulnesse unfit to governe Charles Martell Master of the Palace who swayed all things in Theodoricus raigne deceasing his two sons Charlemaine and Pipin by the advice of the Nobles of the Land considering the insufficiency of the King to rule so great a charge
divided the Land of France betweene them so that either of them should under the King Rule and Governe such proportion as then there was to them appointed Charlemayne soone after renounced his Government and turned Monke and Pipin as onely Ruler tooke upon him the charge of the whole Realme Pipin then considering in his minde in what danger and trouble before him his Father and he now had ruled the Land and that the King to whom belonged all the charge kept his Palaces and followed all his delights and pleasures without taking any paine for reformation of the same sent an ambassage to Pope Zachary asking his advice in point of conscience Whether it were more necessary or wealfull for the Realme of France that he should be admitted for King that did nothing but apply his minde to all bodily pleasures without care and charge takeâ— upon him for the guarding of the Land and the People of the same or he that tooke upon him all the charge and paine in defence of the Land and keeping of the people in the due subjection To this the Pope answered and wrote back to Pipin that he was best worthy and most profitable for the Realme to be admitted for King that ruled well the Commonalty by justice and prudence and the enemies thereof defended and subdued by his policie and manhood Aventine relates his answer more largely in these words I finde saith Zachary in the Story of Divine Scripture that the people fell away from their wretchlesse and lascivious king that despised the counsell of the wise men of the Realme and created a sufficient man one of themselves King God himselfe allowing their doings All Power and Rule belongs to God Princes are his Ministers in their Kingdomes And Rulers are therefore chosen for the people that they should follow the will of God the chiefe Ruler in all thing and not do what they list He is a true King that guideth the people committed to his charge according to the Prescript and Line of Gods Law all that he hath as power glory riches favour and dignitie HE RECEIVETH OF THE PEOPLE and the people MAY WHEN THE CAVSE REQVIRETH FORSAKE THEIR KING It is therefore LAVFVLL for the Franks and Germanes refusing this unkindly Monster Childericke to chuse some such as shall be able in warre and peace by his wisdome to protect and keep in safetie their Wives Children Parents Goods and Lives Which answer of the Pope recited and approved in our owne King Edward the Confessors Lawes and Childerickes deposition likewise Chap. 17. being declared to the Lords Barons and Commons of the Realme whom this Pope likewise wholly absolved from their allegiance to Childericke soone after they of one assent and minde proceeded and deposed and put downe their King and Governour Childericke being a Sott a foole a beast and one unfit to governe and closed him in a Monastery after he had reigned ten yeares in the Kings room by name onely which done they unanimously elected and crowned Pipin for their King By meanes whereof the Royall Line of Moroveus after 17 discents ended and the Crown was translated to Pipins blood Which act in point of policie is determined lawfull by Polybius who Writes That the reason why some Kingdomes became hereditary was onely this because their first Kings being vertuous and worthy men they were perswaded their Children would prove like them but if at any time they degenerat and prove otherwise and the posteritie of the first Kings displease the subjects they thenceforth make the Kingdome elective chusing Kings not according to their strength of body and mindes attempting great things but according to the difference of their will and reason manifested by their actions And by Aristotle who informes us That in Kingdomes confirmed in succession of blood this is to be numbred among the causes of their ruine that the Kingdomes descend to many contemptible and slothfull persons who although they obtaine no tyrannicall but Royall dignitie yet they live lustfully and proudly and so the Kingdome easily falls to ground and becomes a tyrannie the people being unwilling that such should rule over them and so either wholly alter the forme of government or make choice of a fitter King for the necessary preservation of the State yea this election in point of Police and Divinity too is justified and proved lawfull by Buchanan in his Book de Iure Regni apud Scotos by Iohn Mariana de Rege Regis Instit l. 1. c. 3 5. by Pope Zachary in his forceited Epistle by King Edward the Confessor in his Laws c. 17. by a generall Councell of all the Peers and Prelates of France Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt c. ac OMNIBVS GAVDENTIBVS ET VOLENTIBVS Pipinum super Francos REGNARE FACIVNT writes Antoninus and in a word our Bishop Bilson himselfe an Anti-Puritane and great Royalist affirmes That if the King be a naturall foole distracted and altogether unable to governe as Childericke was any Realme by publicke consent and advice may choose another to govern them of which more before Pipin deceasing Charlemain and Charles the great his sons reigned joyntly over the Frenchmen by their â—oyous admittance Having now two Kings instead of one Lewes sirnamed the godly sonne of Charles the great a pious yet unfortunate Prince by meanes of his sonne Lothair was first imprisoned and then by a Councell and Parliament held at Compaygne by authority of the spirituall and temporall Lords and of that Parliament discharged of all rule and dominion as well of the Empire as of the Realme of France after that shorne a Monke and thrust into the Monastery of Saint Marke where he was strictly guarded and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity he answered them That the deposing of him was done by the whole Authority of the Land wherefore if he should be againe restored it must be by the same Authority and not by him onely After which by the Lords assents hee was restored Lewes and Charles after Lewes Balbus their fathers death were joynt Kings of France and being very young by a Parliament held at Meaux Lewes the Emperour their Vncle was declared to be more apt to rule the Kingdome of France then these Infants or Barnard their Guardian and these Children held by some illegitimate Whereupon by the greater number of voyces an Ambassadour was sent to the Emperour to come and take upon him the Rule of middle France which he comming to doe his Nephewes friends compounded with him and then caused these Infants to be crowned and proclaimed Kings Charles the simple at his Fathers death Anno 895. being too yong to take upon him the charge of the Realme the Lords of France
great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicegerent was by the advice of the major part of the Lords for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects To the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friends and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgaine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pressing the people with quotidian taxes and tallages and the spirituall men with dismes and other exactions he was at length discharged of that dignitie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke or Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lewes the eleventh 〈◊〉 Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as
their consents who shall be the next Heir to avoid questions and commotions about the Title to the Crown That where the Right of the Crown is in controversie the whole Kingdom and State ought to decide the right and settle it where they see best cause That if the right Heir in Hereditary Kingdoms yea in Spain be an Ideot Infant Woman or a person unmeet or not so fit to Governâ— as others of the blood he may be lawfully put from the Crown and another of their Race lawfully substituted King in his place by the whole State especially when the good or safetie of the Commonwealth requires it because the safety of the people is the supremost Law and what they by common consent have Enacted onely for the publike safetie they may without any obstacle alter when things require it by like common consent especially because the hereditary Rights of reigning are for the most part made rather by the dissimulation of the People not daring to resist the will of former Princes then by their certain will and the free consent of all the Estates That he which is thus settled by consent of all the Estates hath a just Title against the next Heir of the Blood and his Issue who are put by the Crown else divers Kings and Princes now reigning in Spain elswhere should be usurpers and want good Titles to their crownes they or their Ancestorâ— being not the next right heires of the Royall Stock for all which particulars he gives sundry instances in the Kingdomes of Spaine as in Berengaria Blanch the Mother of Lewes of France Ferdinand Sancho the younger sonne of Alfonso Henry the Bastard Iohn King of Portugall Fardinand and Iohn the 2. of Aragon c. concluding That if the King degenerate into a Tirant by subverting Religion Lawes Liberties oppressing murthering or deflowring his subjects the whole Kingdome may not onely question admonish and reprehend him but in case he prove incorrigible after admonition deprive him and substitute another in his place which saith he hath been done more then once in Spain Thus King Peter was publikely rejected for his cruelty to his subjects and Henry his Brother though of an unclean Mother obtained the Crowne so Henry his Nephewes Nephew for his slothfulnesse and evill manners was deposed by the Nobles suffrages and Alphanso his Brother though but a yong child proclaimed King After his death Elizabeth Henry his sister had the chiefe government of the Realme leaving Henry And for a conclusion he addes That such a Tyrannicall King continuing incorrigible after publike admonitions of the whole State if there be no hopes of amendment may not onely be deposed but put to death and murthered by the whole State or any particular persons by their appointment yea without it a note somewhat above Ela if he be declared a publike enemy by the whole state and in case the whole states cannot publikely assemble by reason of such a Princes knowne notorious tyranny he writes That then in such a case it is lawfull for any private man to murther him to free the Countrey and Kingdome from destruction Adding that it is a wholsome meditation for Princes to be perswaded that if they oppresse the Common-wealth if they become intoller able thorow vices and filthinesse that they live in such a condition that they may not onely be slaine of right but with laud and glory Peradventure this feare â—â—â—retard some Princes that they give not themselves wholly to be corrupted with vices flatterers and cast bridles upon their fury That which is the chiefe let the Prince bee perswaded that the authority of the whole Common-wealth is greater then his being but one neither let him beleeve the worst of men affirming the contrary for to gratifie him which is very pernicious All these positions of Mariana however other Kings and Kingdomes may relish them especially the last touching private Subjects which few can approve the Parliaments of France doing publike execution on this Book as they had just cause for extolling and justifying the barbaroâ—s murther of their King Henry the 3. by James Clement a Dominican Frier l. 1. c. 6. p. 51. to 57. and justifying the Guises Rebellion are yet authorized as Catholike and Orthodox by the most Catholike King of Spaine and the Emperour of Germany in whose Kingdomes they passe for currant coyne the most dangerous of them being seconded not onely by Hieronymus Blanca in his Aragonensium Rerum Commentariis Iohannis Pistorius Hispaniae Illustratae c. and other Spanish Historians collected by him but likewise by Alvarius Pelagius Cardinall Tolet Capistranus Dominicus Bannes Franciscus Victoria Simancha Patensis Gregory de Valentia Suarez the Doctors of Salamancha Becanus Bellarmine with other Spanish Iesuites Writers who most heretically affirme That even the Pope alone either with or without a Councell for heresie as they deem it and obstinacy against the See of Rome may excommunicate censure depose kill or murther any Christian Princes depose them from their thrones dispose of their Crownes to others at their pleasures absolve their subjects wholly from their allegeance and give subjects power to rise up in armes against and murther them by open force or secret treachery which Bishop Bilson truly affirmes to be farre more dangerous and derogatory to Princes then to attribute such a power not to any particular persons but to their own whole Kingdomes and Parliaments onely who being many in number of the same Nation and Religion with and having many dependances on and many engagements by oath duty favours benefits to their Princes lesse malice against them judging onely according to the fundamentall Lawes of the Realme and former presidents of their Ancestors and aiming at nothing but their Kingdomes safety are like to be more just indifferent Iudges of their Princes action when questioned then the Pope a meer enemy and forraigner who proceeds by no other authority but what he hath unjustly usurped from Kings and by no other rules but his owne will pride malice honour or profit I have thus given you an account of the Kings of Spaines subordination to their whole kingdomes and Lawes in point of Thesis and positive Doctorine approved by themselves professed by their eminentest Writers I shall now proceed to Historicall examples to confirme it in point of practise Ordogno the 14. king of Castile summoned 4. Earles of Castile to appeare before him who refused to goe to the warres against the Saracens promising them safe conduct not withstanding he commanded them to be apprehended imprisoned and slain for which bloody Treachery those of Castile rebelled against him rejecting his government and providing for the safety of them and theirs Duos Milites non de potentioribus sed de prudentioribus eligerunt quos Iudices statuerunt c. They elected two prudent Knights of their owne to be their Magistrates and Iudges to governe them to manage their warres and administer justice to them the one
was named Flaevius Calvus the other Nunius surnamed de Rasura whose Son Gondesalvus after his Fathers death was substituted in his place made Generall of the Militia Principatum Militiae addiderunt and his son after him tam à Magnatibus Militibus quà m AB VNIVERS IS POPVLIS CASTELANIS made Earle of Castile and all submitted themselves to his government rejecting the Dominion both of Ordogno and his brother King Froila after him for their tyranny and trechery Alphonso the great King of Gallecia about the yeere of Christ 918. imprisoning his eldest sonne Garsias laying him in irons and exercising other cruelties was by the practise of his owne Queen Semena and his other sonnes and Nobles so prosecuted and put to such streights that they enforced him to resign his Crown to his sonne Garcias and to deprive himselfe of his gouernment in the presence of his sons and the grandees of his Realm after which he requested his sonne to raise and grant him an Army to goe against the Sarazens who condescending thereto hee gained a glorious Victory ouer them and so dyed Alphonso sonne of Ordogno King of Castile after 5. yeers reigne out of levity rather then Religion resigned his Crown to Ramire his younger Brother and then turnd Monk about the yeer 939. but not long after casting off his Coul leaving his Monastery he began to raise forces and to aspire to the Crown again which he had resigned wherupon Ramir raised an Army against him and after 2. yeers waries took him prisoner put out his eyes and thrust him into a Monastery Iohn the first the 35 King of Castile after the death of Ferdinand King of Portugall claimed that kingdome in right of Eleanor his wife and next Heire but the Portugals elected Iohn a bestard a Knight of the blood Royall for their King and excluded Eleanor Henry the 4. the 38. King of Castile having no children lawfully begotten would have made Elizabeth his bastard daughter heire to the Crown but the Nobles would no wayes permit it and resisting him with all their might preferred his own sister Elizabeth to the Crown and married her to Ferdinand the 6. sonne to Iohn King of Arragon rejecting his spurious daughter And Frier Iohn de Teixera iâ— his Book of The Originall of the Kings of Portugall affirmes that the Kings of Portugall were usually ELECTED BY THE SVFFRAGES AND FREE CHOICE OF THE PEOPLE who had power to conferre the Kingdome on whom they pleased averring that Alfonso 1. 3. and 5. Iohn the 1. Emanuel and Antonio Kings of Portugall were thus elected Which though Duardus Nomus Leo a Portugois Lawyer denyes and seemes to refute yet he grants freely that the Parliament or Assembly of the Estates in Portugall have usually determined the Title Right and ordered the Succession of that Crown in the Cases of these Princes and determined of their Legitimate or spurious birthes That when the Kings of Portugall have dyed without Heires they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King And that after the death of King Ferdinand they put by Iohn and Ferdinand the sonnes of King Peter begotten of Agnes de Castro his Concubine from the Crown because they were bastards and moreover enemies to the name and Realme of the Portugois entring with Henry and Peter Kings of Castile in an hostile manner with an Army into the Confines of Portugall wasting them every where and doing great dammages to and committing many murthers among their Citizens for which reason the States assembled at Coimbri resolved that although they were legitimate yet THEY COVLD NOT OBTAIN THE SVCESSION OF THAT KINGDOME quod se hostes alienos a Portugalia declarassent because THEY HAD THVS DECLARED THEMSELVES ENEMIES AND ALIENS TO PORTVGALL And therefore beleeving the Kingdome to be void for want of a right heire to succeed in which case BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED they chose Iohn the Bastard King After which he shewes that Philip the 2. his Title to the Crown was long debated by and resolved in the Assembly of the States of Portugall in the life of king Henry who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Almierin upon the Petition of the Senate and People who earnestly pressed him that the Title of the crown might be setled and discided during his life to prevent division and civill warres after his death By which it is apparent that the Assembly of the Estates of Portugall is the most Soveraign power and above their kings themselves It is clear that the Gothish kings which reigned in Spain were not hereditary but elective yea censurable excommunicable and desposable by them for their Male-administrations The Generall History of Spaine is expresse that among the Goths they did not reigne by right and succession from Father to Sonne but those were chosen Kings among them which were held worthy which election was made by the Nobility and People and if any one did affect that dignity by any other unlawfull meanes he was excommunicated and rejected from the company of christians as appeares by the 5. Councell of Toledo Thus Vallia the 1. king of the Goths An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 565. Gundamir the 18. king An. 610. Suintilla the 20. king An 621. Tulca the 23. king An. 642. Bamba the 26. king of Goths an 672. to omit others were elected by the Nobles and people though now and then the Crown went by succession through usurpation rather then right Theodiscle the tenth king of the Goths in Spaine giving himself to lusts and adulteries polluted great and honest families corrupted Nobles wives and committed many murthers whereupon the chiefe of the Goths conspiring against him strangled him at Sevill â—â—oting in his banquets and elected Agila for their king So Victrix the 17. king of the Goths a vitious base unworthy Prince was miserably slain by his own people for his vitiousnesse as he sate at Table Suintilla the 20. king of the Goths in the beginning was a good Prince but in the end he grew exceeding covetous and cruell wherefore the Goths made him resign his Kingdome about the yeare 630. and deprived him of the crowne he was likewise excommunicated by the Bishops whose power at that time began to equall that of Kings at the Councell of Toledo which interdicted him with Geilands brother their wives and children the communion and fellowship of the Church and the possession of their goods gotten by violence and tyrannicall meanes and Sisenand his adversary with the consent of the people obtained the Kingdom The 6. Councel of Toledo under Cinthilla the 22. king of Goths about the yeare 686. decreed and by a perpetuall law imposed on the Kings of Spain not to suffer any one to live
within their Dominions which was not a Catholike the which their kings should solemnly sweare before they were crowned and if any king should goe against that Law which he had thus sworn he should be excommunicate and accursed in sight of the eternall God and made the fuell of eternall fire which Canon was made not only by the assent of this king his Bishops 〈…〉 with the consent deliberation of his Nobles and great men In the 5. Councel or Toledo under this king it was decreed Gen. 2 3 4 5 6 7 That the kings children and faithfull servants after their deaths should not be deprived of the lands honours and just rewards by the â—ucceeaing kings which had been conferred on them in their lives That no man should aspire to the crowne licentiously under pain of excommunication and a divine Anathema whom neither THE ELECTION OF ALL nor the Nobility of the Gothish Nation had no advanced to this top of honour That none should auring the kings life endeavour or use meanes to succeed him after his death nor yet revile the Prince under paine of excommunication All which particulars were ratified by new Canons in the 6. Councell of Toledo under this king Can. 14 15 15 17 18. with this addition That the king being dead none should usurp the kingdome by tyrannicall presumption that none who had been shâ—â—ven a Monke or dishonestly bald or descended from a servile stocke or a man of a forraign Nation unlesse worthy both in respect of his Pedigree and manners should be promoted to the Throne of the Kingdome nor no man attempt the Princes destruction life or usurp his Crowne tyrannically under pain of being 〈◊〉 with a perpetuall Anathema and eternall condemnation for breach of any the premises These Councels as Mariana observes were in truth Generall Assemblies of the Estates where they handled not only matters of Religion but likewise of the Common-weale by common consent of all Bamba the 26. king of the Goths after Lewes de Mayern Turquets computation which I follow but 3â— after Roderick Sancho was elected king by the Goths as he was plowing with his Oxen in the field being a plain countrey man Some say that he would never have received this honour and charge but by constraint and that refusing absolutely a Noble man of the Goths drew his sword and threatned to kill him if he did not yeeld to the Gothes intreaties and that his Goad wherewith he drove his Oxen did suddenly in his hand bring forth leaves fruit and roots whereupon he took this dignity upon him more for fear than for any desire to reign Anno 672. After which Eruinge ambitious of command poisoned king Bamba so as he became madde for curing whereof many naturall and superstitious medicines were applyed but to small effect so as Bamba coming a little to himself again and finding his disabilitie to govern willingly quit the Crown and retired himselfe into a Monastery at Pampliga where he lived seven years and one moneth and Eruinge was chosen king in his place whose Election was confirmed and allowed lawfull in the 12 Councill of Toledo Can. 1. as Elected thereto by God and ALL THE PEOPLES DESIRES whom this Councell absolved from their Oath of allegiance formerly made to King Bamba whiles he held the Kingdom In the thirteenth Councell of Toledo under this King Eruinge Anno 684. it was decreed That neither the King nor any other should marry the Widow of the deceased King upon pain of excommunication and to be damned to Hell fire Vitiza the nine and twentieth King of the Gothes at his first coming to the Crown shewed himself milde liberall and religious but soon after became the infamy and dishonour of Kings being full of all excesse of lust impiety hypocrisie and dissimulation and exceeding in all vices without shame he filled his Palace with many Wives which he married and Concubines too he publikely allowed to all men Nobles Commons Priests and Clergy to marry as many wives and keep as many Whores as they pleased he used great crueltie to many flattered the Clergy lest by their censures they should draw the people from obeying so filthy and unchaste a king To prevent all rebellions under the colour of peace which Spain did then injoy he caused all the Towns of Spain to be dismantled except Leon Toledo and Asturica he disarmed the people disanulled all the immunities of the Church he recalled the banished the Jews and granted them great priviledges he advanced a most wicked wretch to great honours execrable to all the people that so he might not say himself was the worst of men Finally as a presage of his future miseries he shewed in all sorts of excesse and violence contrary to the Laws of God and men what Princes ill instructed and ignorant of true pietie could do A Buffone asking him meâ—rily Why do you being a King the son of a King do thus you may lose your Kingdom Hereplyed like another Dionysius My Father left me his kingdoms not fortune In fine Rodorick obtained the Corwn who soone after exceeded Vitiza in all manner of vices cruelty and tyrannie and ravished the daughter of Iulian Earl of Cava whiles he was in embassage in Affrick for the affairs of the kingdom Who to revenge this indignity and cast out this wicked Monster Anno 713. called the Mores into Spain who over-ran and conquered the Kingdom destroyed Rodorick and put a Period to the Gothes kingdom in Spain Thus Tyrannicall vitious Princes ruine at last both themselves and their Realms Among the Lawes of the Wisigothes Lib. 2. c. 2. 6. I finde not onely an Act declaring their Kings to be subject to their Lawes as well as subjects but likewise a Law restraining their Kings excesses and dis-inabling them to alien their Crown lands or revenues to their own Children or others but onely the Lands which themselves shall purchase which was likewise decreed in the eighth Councill of Toledâ— under king Recâ—â—niâ—thus where in there was this complaint made Quosdam conspeximus Reges post quam fuâ—rint regni gloriam assequuti exâ—â—nuatis viribus populorum rei propriae congereâ—e lucrum 〈◊〉 quod reges sunt vocati defensionem in vastationem conversunt qui vastationem desensione pelle â— debuerunt illud gravius innâ—ctentes quod ea quae videntur acquirere non regni deputant honori vel gloriae sed ita malunt in suo jure confundi ut voluti ex debito descernant haec in liberorum posteritatem transmitti Resolving that non personae sed 〈…〉 subdi debere non habenda parentali successione sed possidenda regali congressione regem terrenum jura faciunt non persona c. I likewise finde another Law nullifying all unjust judgements and sentences given by Iudges through fear or command of the King And another Law giving the King power over all offenders against himself but denying him
power to pardon any Delinquâ—rts against the Nation or Countrey All which considered prove the whole State Kingdom and Councels among the Spanish Gothes to be about their kings who were lyable to their restraints excommunications Laws Censures Depositions for their male-administrations vicious lives and not successive but elected by them Pâ—lagius the first king of Oviedo was elected king and that kingdom erected by the generall consent of the people oppressed by the Moors about the year 618. during whose reign there were severall Vice-royes of the Moors in Spain as Alcazazin and Alhatan and others His sonne king Fasila was slain by a Bear which he pursued in the mountains I doubt his Subjects would have resisted him as well as the Bear had he made war upon them Froila the fourth king of Ovedo treacherously slew his own brother Vtmaran a gallant Knight generally beloved out of jealousie lest he should usurpe the Crown in revenge of whose death he was soon after slain by his own brother Aurelius Anno 767. who succeeded Froila in the Realm notwithstanding he leâ—t a son called D Alphonso the chaste but the hatred that the Noblemen did bear unto his father was the cause of his rejection being then also very young whereby it appears that the right of succession was not in those dayes practised in Spain Sâ—llâ— his brother-in-Law succeeded him after whose death by generall consent the kingdom was given to Alphonso Ramir the tenth king of Oviedo did that which all other Princes abhor for he received his son to be companion with him in his kingdom and caused his brother Garcia to reign with him so as there were now two kings and Courts in Oviedo both agreeing well together Anno 894 Froila dying without issue because his children were too young to reign the Nobles conferred the Kingdom on Alphonso the fourth who after five years turned Monke Ramir the third twentieth king of Leon abandoning himself to a voluptuous life contemned all good counsell so as the Earls and Noblemen of Gallicia seeing his folly and discontented with his vices scorned him and would no more acknowledge him to be their king electing Bermund for their Soveraigne and intituled him king of Gallicia which title he enjoyed ten years About which time the Moors in Spain which had one king reigning at Cordova after the death of king Mahomet made so many petty kings as there was scarce any good town in Spain but had a particular King which made strict alliances among themselves for the preservation of their estates Anno â—07â— Garcia king in Gallicia growing a tyrant spoiled and ill intreated his Subiects governing himself after the appetite or a base woman who put the Nobilitie and Gentry in favour or disgrace with the king as she pleased so as in the end growing insupportable certain Knights slew her in the kings presence His brother Sancho taking advantage of the peoples hatred entred his Realm with a great Army who thereupon being deserted generally by his people fled to the Moors for ayd and fell to spoil his own Countrey after which he was defeated taken prisoner and so kept in the Castle of Lune with a good Guard till his death I read in Iohn Mariana that in the Councill of Florence under Pope Victor the second Anno 1055. Hildebrand a Cardinall Deacon Embassadour to Henry the second Emperour of Germany complained in the Councill against Ferdinand king of Spain in the Emperors Name That against the Custom of his Ancestors and prescript of Laws he did with incredible arrogancy and levity hold himself exempt from the power of the Roman Empire which iniury himselfe could gladly suffer if there were no other losse but of his own honour But since the estate of Christendom could not well subsist and the Popes Authority would likewise be impaired unlesse all Christian kingdoms were united and knit together under one temporall head the Emperour whom they should obey they ought to suppresse the springing temerity in the Wombe lest by their neglect spreading it self into other Provinces animated with the sweet and oft-times deceitfull name of libertie the sacred Majestie of the Empire and Popedom should be reduced to an empty title wherefore he desired them to interdict all Spain and excommuniate the King which if they did he would be assistant to the Churches honour and Republiks safety then indangered But if they refused it out of fear he would not be wanting to the honour of the Empire would certainly look to himself in private The Pope after some deliberation approved this motion as just thereupon sends Legats to Ferdinand in his own and the Councils name to satisfie the Emperors demands forthwith under pain of present excommunication The King doubtfull and fearfull whether to obey or not summons a generall Assembly of the Estates of the Realme The Clergy and religious sort of men perswaded submission for fear of the Popes excommunication the fearfuller sort concurring with them by reason of the Emperours power and their own weaknesse and distraction and the Kings desires of peace inclined most to their opinion But some heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain which being once admitted on their necks they should hardly shake off again that it was better to die fighting then that the Republike should be involved in so great a mischief and indignitie Rodoricus Diacius a noble Spanyards opinion then absent from the assembly being required by the king and it answered That this was no matter of Counsell that what was gotten with Arms was to be defended with Arms that it seemed most unjust that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it that it was better to die valiantly than to lose the liberty gained by their Ancestors to become a mocking-stock to a barbarous and cruell nation who contemned all men but themselves whose ears were proud whose speeches contumelious whose accesse difficult riotings new cruelty inhumane Shall we who have yet hardly escaped the servitude of Moors undergo a new bondage prepared from the Christians They will deride both us and ours Doth the whole world as farre as Christianity extends it selfe obey the German Emperours Shall all the grace power honour riches gained by ours and our Ancestors blood give place to the Germans Shall they leave dangers repulses iudgemen want to us Shall Germany again lay on us the yoke of the Roman Empire which our Ancestors have shaken off Shall we be a vulgar people without grace without Empire without authority obnoxious to those to whom if we had vigorous mindes if we were men we might be a terrour But it is difficult to resist the Emperous endeavours not to obey the Roman Pontifs commands verily it a basnesse of spirit for an uncertain fear of war to involve the Commonwealth in most
to their charge the King and his houshold servants on the other side denied that there was either Law or custom which tyed the King or his followers to any such subjection In the end it was concluded that the reformation of the Court should be made by twelve of the principall Families the like number of Knights four Deputies of Saragossa and one of either of the other Cities the which should give their voices in that case This Vnion of Aragon obtained likewise a Decree that the King should have certain Councellors chosen to wit four of the chief Nobility four Knights of noble and ancient races four of his houshold servants two Knights for the Realm of Valencia two Citizens of Saragossa and one of either of the other Cities whom they particularly name with a condition that whilest the King should remain in Aragon Ribagorca or Valencia two of those Noblemen two of his servants two Knights of Aragon one of Valencia and the four Deputies of the Realm of Aragon should follow and reside in his Court AS COVNCELLORS APPOINTED BY THE VNION who protested by solemn Deputies sent to the King to that end that if he did not receive observe and maintain those orders THEY WOVLD SEIZE VPON ALL HIS REVENVES and on all the fees Offices and dignities of such Noblemen as should contradict them Thus were the Kings of Aragon intreated in those times by their subjects who entred into a Vnion between themselves resolving That for the common cause of liberty Non verbis solum SED ARMIS CONTENDERE LICERET that it was lawfull for them to contend not onely with words BVT WITH ARMS TO and determined in this assembly of the States A Comitijs intempestive discedere REGI NEFAS ESSE That it was unlawfull yea a grand offence for the king to depart unseasonably from his Parliament before it was determined Our present case Iames the second of Aragon being in Sicily at the death of King Alphonso Don Pedro his brother assembled the Estates at Saragossa to consult lest the State in his absence would receive some prejudice where James arriving having first sworn and promised the observation of the Rights and Priviledges of the Countrie was received and crowned king About the year 1320 Iames by advice of his Estates held at Tarragone made a perpetuall Vnion of the Realms of Arragon and Valencia and the Principality of Catâ—lone the which from that time should not for any occasion be disunited In which assembly Don Iames eldest son to the Crown being ready to marry Leonora of Castile suddenly by a strange affection quitting both his wife and succession to the Realm of Arragon told his Father That he had made a vow neither to marry nor to reign so as notwithstanding all perswasions of the King and Noblemen he quit his Birth-right to his Brother Don Alphonso after the example of Esau discharged the Estates of the Oath they had made unto him and presently put on the habite of the Knights of Ierusalem Whereupon his second brother was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms after the decease of his father At this time the Authority of the Iustice of Aragon was so great That it might both censure the King and the Estates and appoint them a place and admit them that did assist or reject them Ferdinand the fourth king of Castile being but a childe when his father Sancho died was in ward to his mother Queen Mary his Protectresse he had two competitors to the Crown Alphonso de la Cede and Den Iohn who making a strong confederacy were both crowned Kings against right by severall parts of his Realm which they shared between them The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies and procure a dispensation of Legitimation and marriage from the Pope who would do nothing without great fees After which he summoning an assembly of the Estates at Medina they refused to meet without the expresse command of the Queen Mother who commanded them to assemble and promised to be present After this divers accords were made twixt him and his competitors and at last calling an assembly of the Estates to assist him in his warres against the Moors he soon after condemned two Knights called Peter and Iohn of Caravajal without any great proofs for a murther and caused them to be cast down headlong from the top of the Rock of Martos who professing their innocency at the execution they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after to answer for their unjust deaths who thereupon fell sick and died leaving his son Alphonso the 12 very young for whose Regency there being great competition the inhabitants of Avila and their Bishop resolved not to give the possession and government of the Kings person to any one that was not appointed by the assembly of the Estates Whereupon the Estates assembling at Palence committed the government of his person to Q. Mary his Grandmother and Queen Constance his mother who dying another Assembly of the Estates was called at Burgos Anno 1314. who decreed that the Government of the King and Regencie of the Realme should be reduced all into one body betwixt Q Mary Don Pedro and Don Iohn and if any one of them should dye it should remain to the two other that did survive and to one if two dyed After this Anno 1315. these Tutors and Governours of the Realme of Castile were required by the Estates in an Assembly at Carrion to give caution for their government and to give an account what they had done Who often jarring and crossing one another divers Assemblies of Estates were oft called to accord them Anno 1320. The Estates assembling appointed new Governours of the King and Realme who discharging their trust very lewdely and oppressing the People Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet in which the king did sweare to observe the fundamentall Lawes of the Realme and to administer justice maintaining every one in his Estate goods and honour Which done the Deputies of the Estates swore him Fealty This King afterwards proving very cruell and tyrannicall his Nobles and Subjects oft times successively took up defensive armes against him his Tyranny augmenting their obstinancy and procuring him still new troubles Whereupon at last discerning his errours he became more mild and often assembled the Estates in Parliament who gave him large Subsidies to maintain his warres against the Moores The Province of Alava had a custome to chuse a Lord under the Soveraignty of Castile who did govern and enjoy the revenues appointed by the Lords of the Countrey for the election of whom they were accustomed to assemble in the Field of Arriaga those of this Election being called Brethren and the Assembly of the Brotherhood Notwithstanding in the yeer 1332. the
crown their King in the Assembly of the Estates or Parliament of Arragon to put the King in mind that the Lawes the Iustice of Arragon and Assembly of Estates are above him act a kind of Play that he may remember it the better they bring in a man on whom they impose the name of the Iustice of Arragon whom by the common Decree of the people they enact to be greater and more powerfull then the King to whom sitting in an higher place they make the King doe homage and then having created the King upon certain Lawes and conditions they speake unto him in these words which shew the Excellent and singular fortitude of that Nation in bridling their Kings NOS QVI VALEMOS TANTO COME VOS Y PODEMOS MAS QVE VOS VOS ELEGIMOS REY CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS that is We who are as great as you and are able to doe more then you have chosen you King upon these and these conditions Between you and us there is one greater in command then you to wit the Iustice of Arragon Which Ceremony lest the King should forget it is every three yeares repeated in the Generall Assembly of the States of Arragon which Assembly the King is bound by Law to assemble it being a part of the very Law of Nations which sacred Liberty of Parliaments and Assemblies if any Kings by evill arts restrain or suppresse as violaters of the Law of Nations and void of humane Society they are no more to be reputed Kings but Tyrants as Hotoman hence determines I have now given you some what an over large account of the two greatest and most absolute hereditary Kings in Christendom France and Spain and proved them to be inferiour to the Lawes Parliaments Kingdomes People out of their owne Authors and Historians in which points if any desire further satisfaction I shall advise them to read but Junius Brutus his Vindiciae Contra Tyrannos De jure Magistratus in â—ubditos and Francisci Hotomani his Franco-Gallia and Controvers Illust for France Ioannis Mariana de Rege Regum Instit l. 1. with his History of Spain Hieronimus Blanca Rerum Arragonensium Commentarius Ioannis 〈◊〉 Laet Hispaniae descrip c. 5. Vasquius Contr. illust for Spain at their leisure and then both their judgements and consciences will be abundantly satisfied herein I shall now very cursorily run over other forraigne Kings and Kingdoms of lesse power and Soveraignty with as much brevity as may be For the Kings of Hungary Bohemia Poland Denmarke Sweden as they have been usually and are at this day for the most part not hereditary but meerly ellective by the Nobles and people so their Lawes which they take an Oath inviolably to observe and their Parliaments Nobles people are in Soveraigne power and jurisdiction paramount them as much almost if not altogether as the State of Venice is above their Duke or the States of the Low Countries superiour to the Prince of Orange and may upon just occasion not onely forcibly resist them with Arms but likewise depose if not adjudge them unto death for their Tyranny as Iohn Bodin the Histories of Hungary Poland Bohemia Denmarke Sweden Iunius Brutus De Iure Magistratus in Subditos Munster in his Cosmography and those who have compiled the Republikes of these Realmes attest who further evidence that most of these Realms have sometimes elected them Kings other times onely Dukes and made their republikes Principalitis Dukedoms or Kingdomes at their pleasure To give onely some briefe touches concerning these Realmes and their Kings Hungary THe Kings of Hungary are meerly elective by the States and Senators in their Parliaments or assemblies of the Estates without whom they can neither make Lawes impose Taxes leavie Warre nor conclude Peace and the grand Officer of the Realme to wit the great Palatine of Hungary who hath the chiefe Command both in Peace and Warre and power to judge the King Himselfe in some cases is elected onely in and by their Parliaments as the Marginall Writers manifest at large For their Realms and peoples deportment towards their ill Kings since they became Christians when they have degenerated into Tyrants and otherwise misdemeaned themselves take this briefe Epitome Peter the second Christian King of Hungary growing very insolent Tyrannicall and lascivious ravishing maids matrons in the third year of his reign all the Nobles and people thereupon conspiring together deposed and banished him the Realme electing Alba in his place who growing more insolent and Tyrannicall then Peter was in the third year of his reign slaine in warre and Peter restored to the Crown who proceeding in his tyrannies sacriledge and cruelty he was the third year after his restitution taken prisoner by his subjects his eyes put out and imprisoned till he dyâ—d Solomon the fift King of Hungary was twice deposed and thrust out of his Kingdom first by King Bela next by King Gysa elected Kings by the peoples generall consent and acclamation after whose death the Hungarians refused to restore Solomon and elected Ladislaus for their King whereupon Solomon became an Hermite and so dyed Ladislaus dying left two sons Almus the younger whom they elected King and Coloman the eldest to whom Almus out of simplicity surrendred the Crown because he was the elder brother whom he would not deprive of his primogeniture but repenting afterwards by the instigation of some of his friends he raised warre against his brother But the Hungarians to prevent a civill warre and effusion of blood DECREED that these two brethren should fight it out between them in a single duell and he who conquered in the duell they would repute their King Which Combate Coloman being purblinde lame and crookback'd refused after which Coloman treacherously surprising his brother Almus contrary to agreement put out his and Bela his sonnes eyes and thrust them into a Monastery King Stephen the second sonne of Coloman refusing to marry a wife and following Harlots the Barons and Nobles grieving at the desolation of the Kingdome provided him a wife of a Noble family and caused him to marry her After which making a war to aid Duk-Bezen without his Nobles consent in which Bezen was slaine the Nobles of Hungary assembling themselves together in Councell sayd Why and wherefore dye we if we shall claime the Dukedome which of us will the King make Duke therefore let it be decreed that none of us will assault the Castle and so let us tell the King Because he doth all this without the Councell of his Nobles They did so and added further that if he would assault the Castle he should doe it alone but we say they will returne unto Hungary and chuse another King Whereupon By the Command of the Princes the Heraulds proclaimed in the Tents That all the Hungarians should speedily returne into Hungary wherefore the King when he saw
himselfe justly deserted of his subjects ayde returned into Hungary Stephen the third comming to the Crowne did nothing without the Authoritie and advise of the Senate Stephen the fourth sonne of Bela usurping the Crowne was soone after expelled the Kingdome Emericus being elected King was very likely to be depriued by the Nobles and people for his sloathfulnesse but that he appeased them with good words and promises King Andrew going to Jerusalem his Queene Elizabeth in the meane time delivered the Wife of Bauchan a Nobleman being very beautifull to her brother who doated on her to be abused which Bauchan hearing of slew the Queene the King upon his returne examining this businesse acquitted Bauchan and judged her murther just being for so lewd a fact Ladislaus the fourth giving himselfe to all effaeminacy luxury and Harlots became odious to his Barons Nobles People for which he was excommunicated by Firmanus the Popes Legat that he might live Christianly and Chastly but he reforming not was soone after in the yeere 1â—90 slaine by the Cumans and his Kingdome infested with civill warres Mary the daughter of K. Lewes being received as Queene by the Hungarians for her fathers merits after his decease being yet young was married to Sigismond who was admitted into partnership in the government of the Realme and being governed by her mother and Nicholas de Gara who perswaded them to carry a strict hand over the Nobles of the Realme which they did thereupon the Nobles seeing themselves despised sent for Charles King of Naples into Hungary forced Mary and her Mother to resigne their rights to the Crowne and crowned Charles King at Alba Regalis When he was crowned the Bishop of Strigonium according to the custome demanded of the people thrice with alowd voyce Whether it were their pleasure that Charles should be crowned King who answered Yes which done he was crowned and soone after murthered by the two Queenes treachery Who were shortly after taken prisoners by Iohn de Horrach governour of Croatia the Queen Mother Elizabeth drowned Queen Mary kept prisoner and at last released upon oath given not to revenge her Mothers death who contrary to her oath caused Hornach and 32. Nobles more to be beheaded by Sigismond her husband whose kindred and children thereupon conspired against King Sigismond tooke and detained him prisoner Anno. 1401. till they should proceede further against him and in the meane time the Nobles of Hungary elected Ladislaus King of Apulia for their King and at last deposed Sigismond for his misgovernment cruelty love of women After Sigismonds death the Nobles and people were divided in the choise of their King one part electing and crowning Vladislaus King of Poland the other party Ladislaus an infant for their King but Vladislaus his party prevailing he was not long after slaine in a battle against the Turkes and the government of the Realme committed to that Noble Souldier Huniades during the Minority of Ladislaus who at his ripe age was received and declared King by all the Hungarians Ladislaus deceasing the Hungarians elected the Emperour Frederick King who delaying to come and take the election they thereupon chose Mathias King who enjoyed the dignity notwithstanding the Emperours opposition Anno. 1608. Mathias King of Hungary denyed the Protestants in Austria free exercise of their Religion they thereupon were forced to take up Armes and assembling together at Horne made a Protestation and sent to the States of Hungary requiring them to assist them with the succours that were promised by the offensive and defensive league after which they obtained a peace and part of what they demanded Anno 1613. In an Assembly of the Estates of Hungary the differences concerning the defence and Militia in the borders of Hungary against the Turke were ordered and setled And An. 1618. After many slow proceedings they elected Ferdinand of Bohemia for their King of Hungary but with these conditions That he should Religiously observe and cause to be immovably observed all the Liberties Immunities Priviledges Statutes Rights and Customes of the Kingdome with the Conclusions and Freaties of Vienna and all the Articles comprehended therein and all other concluded both before and after the Coronation of the Emperours Majestie in the yeares 1608. and 1609. Which Articles being ratified by the Emperour under his Letters Patents they proceeded to the Coronation according to the accustomed manner Such is the Soveraigne power of the States of Hungary to this very day And in one word so odious were Tyrants anciently to the Slavonians and Hungarians that by a publick Law of their Ancestors he who slew a Tyrannicall King was to succeede him in the Kingdome Bohemia For the Kings and Kingdome of Bohemia M. Paulus Stranskius in his Respublica Bohemiae c. 5 12. informes us out of the Fundamentall Lawes of Bohemia That the power of the Kings of Bohemia who are Elected by the generall Votes of the States is so farre restrained in that Realme that they can determine nothing concerning the Kingdome or great Affaires of the Realme but in their Parliaments or generall Assemblies of the Estates by the generall consent of the people which are Summoned by the king himself and held just like our Parliaments in the kings Regency and during the Interregnum by the Senate of the Realme as often as there is occasion there being this clause in the Writ of Summons That whether all those who are sommoned come at the day or not the king with those who appeare will proceed to decree what shall be just and beneficall for the Republicke and that those who neglect to appeare shall be bound thereby all Lawes and Acts are therein passed by publicke consent The king cannot alien or morgage any of the Crown Lands nor release not diminish the revenue Liberties of the Realm nor promote any strangers to the custodies of Castles or publicke functions impose no Taxes charges nor altar the ancient manner of the Militia of the Realm nor make warre or peace without the Parliaments advise and consent And before the king is Crowned the Burgrave and Nobles in the Name of all the Realme demand of him to confirm and ratifie both with his especiall Charter and publick Oath the Ancient and laudable Priviledges Immunities Liberties Rights Laws Customes and Institutions as well private as publicke of all and singular the inhabitants of the Realme and to governe them according to the rule of the Lawes after the example of his predecessors kings of Bohemia Which done he seales and delivers them a speciall Charter takes such a solemne Oath and then is Crowned upon these Conditions The Arch-bishop of Prague after the Letany ended demands of the king kneeling on his knees Wilt thou keepe the holy faith delivered to thee from Catholick men and observe it in just workes He answering I will He proceedes and saith Wilt thou Governe and defend the Kingdome granted thee from God according to the
quin factum hoc nostrum ad quod extrema necessitas nos compulit nequaquam sint improbaturi Pro quo ipso singulis pro ratione ordinis conditionis suae nostra studia officia gratitudlnem omni tempore praestandam deferimus pollicemur Swethland NOt to mention the Kings and Kingdom of Norway long since incorporated into Denmarke whose lives and Catalogue you may reade in Munster Ioannis Magnus Crantzius and others in which Realme not one King anciently died of age or diseases in above one hundred yeers but of violent deaths there being this custom That whosoever slew a tyrant King was thereby made a King The Kings of Swethland have alwayes been elected upon certaine conditions and subordinate to the power and censures of their whole States and Parliament in such sort as the Kings of Hungary Bohemia Poland and Denmarke have beene and oft times this Kingdome hath beene annexed to the Realme of Denmarke and subject to the Danish Kings as they saw occasion The names and lives of the Swedish Kings before and since their conversion to Christianity you may reade at large in Munster Joannis Magnus Crantzius Olaus Magnus and others I shall give you a taste onely of some of them out of those Authors Halsten and Animander his successor were thrust out of their Thrones and Realms by their Subjects After whose death the Swedes elected one King of their owne Nation the Gothes another not enduring a forraign Prince to reigne over them King Bugerius slaying his brother Ericus who had imprisoned him at a banquet his Nobles detesting this his treacherous act rose up in Armes against him expelled him the Realme and beheaded his Queen and Magnus his son electing Magnus the son of Ericus for their King Magnus the seventh betrothed his son Aquin to a kinswoman of the Earle of Holstain upon this condition That unlesse Aquin should receive her a Virgin all the Nobles of the Realme should be freed from their Oath of Allegeance to him The Virgin sailing into Swethland was taken prisoner by Waldamer King of Denmarke who betrothed his daughter Margaret to Aquin whereupon the Nobles of Sweden denied to yeeld any more obedience to their King deserted Magnus and chose Albert King Magnus seeking to regaine his Realme was defeated in battell and died in exile Queen Margaret taking Albert prisoner and conquering Sweden left it and two Kingdoms more to Ericus her adopted son But the Swedes weary of a forraigne yoke by the helpe of Engelbert denied subjection to him and waged warre so long with him that he was forced to place Swedes in all the Castles by agreement and to receive onely halfe the revenues of the Realme in his absence and at last tired out with the wars deserted both Crowne and Kingdome After this the Swedes elected Charles for their King who after seven yeers reigne perceiving that he grew grievous and displeasing to the States of Sweden taking his owne private goos onely with him and leaving the treasure of the Realm in a safe place left the Kingdome Whereupon they elected Christierne the first the King of Denmarke and Norway for their King against whom they took up armes because he had broken that paction prescribed to him when he tooke the Crowne whereupon Anno 1499. Christierne came with a great power to subdue the Swedes but he was easily conquered repulsed thence twice one after another by the Swedes united forces who elected them a Governour whom they called a Marshall which had power to call generall Assemblies of the States and execute the Kings Office and might have beene elected King upon such conditions as the States propounded which he refused to submit to King Iohn thinking to subdue the Swedes after Christiernes death was repulsed by them and his Queen taken prisoner His sonne Christierne the second King of Denmarke by the treachery of Gustavus Archbishop of Vpsalis after many encounters upon promise to continue their Laws Liberties and Priviledges inviolably and to remit all offences past by a solemne Oath was elected by the Swedes for their King who swearing these Articles and confirming them by his Charter was upon this admitted into the Towne and Castle of Holme where feasting all the Nobles and principall men of Swethland two dayes together suspecting no treachery he suddenly apprehends them imprisons murthers all the Nobles Gentry Citizens Commons yea Bishops and Monkes with extraordinary cruelty spoils their wives and Orphans of all their goods and exerciseth more then barbarous tyranny over them which Gustavus Erichson a noble Swede then in Denmarke hearing of escape thence privily and comes into Swethland disguised raiseth an Army to revenge this butchery delivers his Country from this Tyrant and for his noble service was by their unanimous vote elected and crowned King of Sweden in his stead the Swedes in a publike Declaration manifesting their expulsion and deprivation of Christierne for his treachery and tyranny to be just and lawfull Ericus the seventeenth King of Sweden imprisoning his brother murdering his faithfull Counsellours warring upon his Subjects playing the tyrant and matching himselfe unworthily to a woman of meane condition was for these his misdemeanors taken prisoner with his Queene deposed and his brother made King in his stead Anno 1599. And Sigismund King of Sweden taking upon him the Crowne of Poland after fourteen yeers reigne was deposed and dispossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead Assyria Cyprus Lombardy Naples Venice I Could now acquaint you with many such like passages and stories in the Kingdomes of Assyria as how effeminate Sardanapalus for his vices and mis-government was deprived by his Subjects burned in his Palace and Arbactus made King in his stead In the Kingdom of Cyprus where King Peter murthering his brother and those of Geneva was soon after taken prisoner and made a tributary Prince King Iohn governed by Helena his wife and she by his Nurse which made the people weary of the government had a Regent by consent of the Nobles Ioba of Portugall whom they married to his daughter Carlota set over him and the Realm and all the royall power soon after put into his hands who being soon poysoned by Helena Lewes sonne to the Duke of Savoy was sent for and crowned King by generall assent and John and Iames his sons put by Clephus the second King of Lombardy was so cruell that after his death they would have no more Kings but chose thirty Dukes to governe them who continued this government eleven yeeres Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great and so that Kingdome ceased Anno 774. Tancred the fourth King of Naples was deposed by Pope Celestine the third with his peoples consent Momfrey Bastard poysoning Conrade the seventh King of Naples and usurping the Crown was deposed by Charles Earle of Aniou who
not daring to goe abroad to suppressâ— bâ—ing generally hated was at last strangled by his own fellowers in the night in his own House Ethedius the 2. being a stupid man and of a duller wit then was suitable to the government of so fierce a people the Nobles hereupon assembling together oâ—t of their respect to the family of Fergusius would not wholy deprive him of the name of a King though he were slothfull being guilty of no crime but assigned Him governours to execute Justice in every County at last he was slain in a tumult of his familiars King Athirco his sonne degenerating from his former vertues and growing extreamely covetous angry luxurious sloathfull and leaving the company of all good men was not ashamed to goe openly in the sight of the people playing upon a Flute and rejoycing more to be a Fiâ—ler then a Prince whereby he became very odious to the people at last ravishing the daughters of Nathalocus a Noble man and then whipping and prostituting them to his lewd companions lusts thereupon the Nobles rising up in Armes against him when he had in vain endeavoured to defend himself by force being generally deserted by his own people who hated him for his wickednesse he murthered himself and his brother Donus was enforced to flie with his little ones to the Picts to save his life Nathalicke succeeded in his Realme governing it ill by indigent ordinary persons who would attempt any wickednesse and treacherously strangling divers of the Nobility who were opposites to him in the prison to which he committed them to establish his Kingdome thereupon their friends with others being more enraged against him raised an Army to suppresse him which whiles he endeavoured to resist he was slain by one of his own servants or as some say by a Sorceresse with whom he consulted to know his end King Findocke being treacherously slain through the conspiracy of Carantius his second brother Donald his third brother was elected King Donald of the Isles usurping the Realme by violence so farre oppressed the people by ill officers and discords raised amongst them that he durst seldome stirre abroad he never laughed but when he heard of the discord and slaughter of his Nobles for which he was at last surprised and slaine by Crathilinthus who was unanimously elected King and slew all thâ—s tyrants children After the death of Fircormarch there were great divisions and warres for the Crowne between Romach and Angusian two brethren Romach at last conquering his brother and chasing him into Ireland gained the Crown rather by force then love of the people which to preserve he shewed himselfe very cruell to the adverse party reduced capitall causes to his owne arbitrement and putting many to death strucke a generall feare in all good men Upon this he grew so generally odious to all estates that they conspired against and suppressed him before he could collect his Forces and cutting off his head carried it about 〈◊〉 Poll as a joyfull spectacle to the people Constantine the first of Scotland as soone as he obtained the Crowne loosed the reines to all Vices he was cruell and covetous towards his Nobles kept company with men of the basest Ranke gave himselfe onely to the rapes of maides matrons and immoderate feasts having fidlers Stage-players and ministers of all sorts of pleasures almost about him with which vices the Nobles of Scotland being offended admonished him of his duty But he proudly contemning them wished them to looke after other matters saying he had councell enough from others and that they should lay aside their false hope that they could reclaime the King by their Councell On the contrary he was of so poore a dejected Spirit towards his enemies that he not onely granted them peace but remitted them injuries and restored them Castles as soone as they demanded them Which caused the Picts and Scots to consult together to depose him by force of Armes from which Douglasse disswaded them for the present by reason of their forraigne wars with the Britans and Saxons In the end he was slaine for ravishing a Noblemans daughter in the 15. yeare of his Raigne King Goran was slaine by the people for favouring Towers chiefe Inquisitor or judge of capitall causes who much oppressed the people his children being young Hugonius succeeded to the Crown and afterwards his brothers Congalus and Kumatel after whom Ardan the sonne of King Goran reigned Ferquhard the 52. King of Scots a craftie man desiring to turne the Kingdome into a tyrannie nourished great divisions among the Nobles but they discovering his malice privily enter into an accord among themselves and calling a Parliament sommoned him thereunto who refusing to appeare keeping within his Castle they thereupon tooke it by force and brought him to judgement against his will where many and grievous crimes among others his cruelty and negligence in the affaires of the Common-wealth the Pelagian Heresie with contempt of Baptisme and the other Sacraments were objected against him of none whereof he being able sufficiently to purge himselfe was cast into prison where out of shame and sorrow he slew himselfe Ferquhard the second a man polluted with all kinde of wickednesse an unsatiable desirer of wine and money inhumanely cruell towards men and impious towards God when he had every where vexed others with cruelty and rapines at last turned his fury against his owne slaying his owne wife and ravishing his owne daughters for which wickednesses he was excommunicated but the Nobles willing to assemble together to punish him were diswaded by holy Bishop Colman who told the King openly that some Devine judgement would shortly seize upon him which fell out accordingly for falling into a Feaver and not abstaining from his intemperance he was eaten up of lice Maldwin 55. King of Scotland was strangled by his Queen for suspition of Adultery with an Harlot for which fact she her selfe was burned 4 dayes after Amberkelethus a vicious wicked king was slain by one of his own men with an arrow in the night when he was marching against the Picts whereupon lest the Army should be dissolved or left without a Generall Eugenius the 7 th was presently chosen King in the Tents who making peace with the Picts his wife being slaine in his bed by two conspirators who sought his life the king being suspected of this murther was thereupon imprisoned but before his triall set at liberty by the apprehension of the Murtherers King Eugenius the 8 th rushing into all Vices and neither regarding the admonitions of his Nobles or Clergie was for his filthy lusts covetousnesse and cruelty slaine in the assembly of his Lords by their generall consent and his companions in wickednesse and villany hanged which was a gratefull spectacle to the people Fergusius the third succeeded him both in his Crowne and Vices he was a foule drunken glutton and so outragiously given to Harlots that he neglected his owne wife and brought her to such poverty
people that partly out of revenge partly to prevent further oppressions and to provide for their owne securitie corrupting his servants with money they sent their agents into his chamber in the night and slew him Not to mention the murther of King Duncan by Machbed who usurped his Crowne through his pusillanimity this Machbed omitting no kind of libidinousnesse cruelty and tyrannizing over the people for 18 yeares space together trusting to the predictions of certaine wisards that he should neven be overcome till Bernane wood did come to Dunsinane Castle and that he should never be slaine by any man borne of a woman At last Mackduffe governour of Fiffe joyning himselfe to some few patriots who had escaped this Tyrants sword met at Bernane wood and early in the morning every man bearing a bough in his hand the better to keepe them from discovery tooke Dunsinane Castle by scalado whence Machbed escaping was pursued overtaken and urged to fight bp Mackduffe to whom the Tyrant replyed in scorne that in vaine hee attempted his death for it was his destinie never to be slaine by any man borne of a woman Now then said Mackduffe is thy fatall houre come for I never was borne of a woman but violently cut out of my mothers wombe she dying before I was borne which words so daunted the Tyrant though otherwise valiant that he was easily slaine and Malcolme Conmer the true heire of the Crowne seated in the Throne King Donald being odious and cruell to his subjects they sent for Duncan Malcombes bastard who expelled him the Realme and was created King in his steed who proving harsh cruell and Imperious to his Subjects fell into their hatred and was beheaded in the night by Marpender Earle of Murry corrupted with money by Donald to murther him Donald permitting the Isles to be taken and possessed by Magnus King of Norway and suffering his Realme to be wasted by a secret agreement thereupon the Scots sent for Edgar Malcombes sonne to take possession of the Crowne who entring into Scotland with small forces Donald being deserted by his people betooke himselfe to flight but being apprehended and brought backe to Edgar he was cast into prison and not long after dyed King Malcolme the fourth at a Parliament at Yorke parting with divers of his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the king had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherein he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnum where first of all they appointed fix men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. Scottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders nightest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England cōstituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2 d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented thereunto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3 d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safe conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good
king then he was no king before they had made him as many Divines most sottishly averre against the very letter of the Text and Iosephus who writes That it pleased the Assembly of the Israelites there held that HEE SHOULD RECEIVE THE KINGDOM BY THE PEOPLES CONSENT And Ieroboam and ALL THE CONGREGATION OF ISRAEL came and spake unto Rehoboam saying Thy Father made our yoake grievous now therefore make thou the grievous service of thy Father and his heavy yoake which he put upon us lighter AND WE WILL SERVE THEE because naturally subjects delight in mild Kings who will somwhat descend from their altitudes saith Iosephus This was the condition they propounded to him before they would accept him for their king and upon this condition only would they admit him to reigne over them therefore doubtlesse the disposall of the Crown and limitation of the kings royall power resided in all the congregation who had authority to prescribe their kings what equall and just conditions they pleased And he said unto them depart yet for three dayes then come again to me and the people departed Hereupon Rehoboam consulted with the old men that stood before Solomon his Father while he lived and said how doe you advise that I may answer this people And they spake unto him saying If thou wilt be A SERVANT unto this people this day and wilt SERVE THEM and answer them and speak good words to them THEN THEY WILL BE THY SERVANTS FOR EVER But he forsooke the Counsell of the old men which they had given him and consulted with the young men that were grown up with him and which stood before him and following their ill advise when Ieroboam and all the People came to Rehoboam the third day as he had appointed the King answered the people roughly and forsaking the old mens Counsell he spake unto them after the Counsell of the young men saying My Father made your yoake heavy and I will adde to your yoake my Father chastised you with whips but I will chastise you with scorpions Wherefore the King HEARKNED NOT UNTO THE PEOPLE for the cause was from the Lord c. SO WHEN ALL ISRAEL SAW THAT THE KING HEARKNED NOT VNTO THEME the People answered the King through indignation with one voyce writes Iosephus saying What portion have we in David NEITHER HAVE WEE INHERITANC IN THE SONNE OF IESSE that is we have not intailed our Subjection nor the inheritance of this our Realme to David and his seed for ever but are still free to elect what King we please to thy Tents O Israel Now see to thine House David so Israel departed to their Tent. But as for the children of Israel which dwelt in the Cities of Judah Rehoboam reigned over them the Tribes of Iudah and Beniamin CHOOSING HIM THEIR KING BY THEIR COMMON SVFFRAGES writes Iosephus Then King Rehoboam sent Adoram who was over the Tribute to excuse saith Iosephus the petulancy of his young tongue and to appease the mindes of the enraged vulgar And all Israel stoned him with stones that he dyed therefore King Rehoboam imagining truly that himselfe was stoned in his servant and fearing lest the once conceived hatred should be poured out on his own head tremblingly getting up into his chariot as hastily as he could made speed to flee to Ierusalem So Israel fell away from the house of David unto this day And it came to passe when ALL ISRAEL heard that Ieroboam was come again that they sent and called him unto the Congregation AND MADE HIM KING OVER ALL ISRAEL c. it being so preordained by God 1 King 12. 26. to 41. Loe here the whole Congregation or Parliament of Israel if I may so stile it had full and free power to reiect Rehoboam from the Crown for refusing to subscribe to their conditions to elect Ieroboam for their lawfull King and erect a new Kingdome of their owne divided ever after from that of Iudah which action I shall prove anon to be lawfull warranted by Gods owne divine authority and no sinne nor rebellion at all in the People who never admitted Rehoboam for or submitted to him as their lawfull Soveraigne So Iehu having slain King Ioram Ahabs eldest sonne sent a Letter to Samaria where his other 70. sonnes were brought up to the Rulers and Elders there wishing them to look out THE BEST AND MEETEST of their Masters sonnes and set him on his Fathers throne and fight for their Masters house But they being exceedingly afraid said two Kings could not stand before him how then shall wâ— stand and sent word to Iehu We are thy servants and will doe all that thou shalt bid us WE WILL NOT MAKE ANY KING A clear evidence that the kingdom was then elective and that they had power to choose the meetest man not eldest brother for their king After this Zimri slaying Baasha king of usrael and usurping the Crown the people then encamped about Gibbethon hearing of it that Zimri had conspired and also slain the King Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Campe who burnt Zimri in his Palace then were the People divided into two parts halfe of the People followed Tibni to make him king and halfe followed Omri But the people that followed Omri prevailed against the people that followed Tibni so Tibni dyed and Omri Reigned being made king onely by the peoples free election without any divine designation So Ioash the sonne of Ahaziah when Athaliah had usurped the Crowne and kingdome of Iudah neer seven yeers space was MADE KING anointed and crowned by Iehoiadah the High Priest the Captaines of hundreds and ALL THE PEOPLE OF THE LAND who rejoyced at it when he was but 7. yeeres old and Athaliah was apprehended deposed and murthered by them as an Vsurpresse So Amaziah King of Iudah being slain by a Conspiracie at Lachish ALL THE PEOPLE OF IVDAH tooke Vzziah who was but 16. yeers old and MADE HIM KING instead of his Father Vzziah king of Iudah being smitten with Leprosie unto the day of his death dwelt in a severall house Iotham his son in the mean time by common consent was over this house judging the people of the Land Ammon king of Iudah being slain by his own servants the people of the Land slew all them that had conspired against Ammon And THE PEOPLE OF THE LAND MADE Iosiah his sonne King in his stead And after Iosiah his death the PEOPLE OF THE LAND took Iehoabaz the sonne of Iosiah and MADE HIM KING in his Fathers stead in Ierusalem From all which sacred Texts and Presidents as likewise from Hosea 8. 4. THEY HAVE SET VP KINGS But not by mee THEY HAVE MADE PRINCES and I knew it not it is most apparant that the kings of Israel and Iudah were usually elected by and derived their Royall authority from the people who made them kings and received not their
did reverence to the Consuls sitting quia SE ILLIS INFERIOREM EX LEGIBUS esse REPERIRET because he found by the Lawes he was inferior to them Whence Dion Niciphorus and Speed record of him that when he invested any Praetor or Commander in giving him the sword he openly commanded him before all to use the same even against his owne person if he governed not the Empire well or violated Law and Equity confessing thereby that he was subject not only to the Lawes but to the sword of Justice too in these Officers hands in case he did offend much more then to the Senate I read of the Emperor Decius elected by the Senate that he preserved the authority of the Senate who compelled him to make his Sonne his companion in the Empire following their Counsell in all matters of Government governing all things with great wisdome and equity by the advice and consent of the Senate to the great contenment of all the Roman People and going into Thracia against the Gothes he left the Government in the hands of the Senate permiting them to chuse a censor at their pleasure who had Supreme Iurisdiction over all men which office some former Emperors had usurped making themselves Censors So Claudius the second and Tacitus did nothing without the consent advice and counsell of the Senate either in matter of Warre or Peace And Polybius writes expresly That the Roman Emperors Counsels and purposes were efficatious or invalid at the pleasure of the Senate which had power to remove or continue them to encrease or abridge their power and wealth to decree or deny them triumphs towards which they contributed and and that they could neither make warre nor peace nor truces without the peoples consent Their Emperors in truth being but their chiefe Generals in their warres at the first in right Thirdly They had power to create one two or more Emperors at once as appeares in their election of Gordianus the Father and Sonne to be Joint-Emperors at once and of Maximius Pupienus and Clodius Balbinus and Gordianus to be Caesars at once And those who could thus create more Emperors then one when they pleased no doubt had a power above the Emperors Fourthly They had a Soveraigne power judicially to convent censure yea to depose and adjudge their Emperours to death for their tyranny and misgovernment this appeares by the case of Nero that wicked Emperour whom the Senate judicially deposed condemned for his tyranny and misgovernment as a publike enemy to the State adjudging him to have his head fastned to aforke and so to be publikely whipped to death and then precipitated from a rock upon which sentence he being sought for and forsaken of all to avoyd the execution of it murthered himselfe with a poinyard So when Domitian was slain the Senate assembling the same day caused all his Statues to be throwne downe and all the inscriptions and memorials of him to be cancelled defaced and elected Nerva Emperour Didus Julianus who purchased the Empire by bribing the Soldiers comming to Rome with an Army went to the Senate where assembling such Senators as were present by their decree he was proclaimed Emperour and they presently made his Son in law Cornelius Repentinus Praetor of Rome putting Sulpetianus out of that office and from thence he was caried to the Imperiall Pallace and held for Emperour more through force then good will of any honest men But the people hateing and cursing him at last a full Senate being assembled by the common consent of all the Senators it was decreed that Julianus should be deprived of the Empire as a man unworthy to rule and Severus proclaimed Emperour to whom two of the principall Senators were sent to yeild him their obedience with the Ensignes of the Empire and Julianus being generally abandoned they commanded him to be slaine in his pallace Heliogabalus that monster of wickednesse was slaine by the praetorion Souldiers by the Senates and peoples approbation who commanded he should no more be called Antoninus and that in detestation of him no other Emperour should after that be called by this name and that he should be called Tiberinus according to the manner of his death his body being tyed to great stones and sunke in Tiber that it might never be found So Maximinus the Emperour oppressing and Tyrannizing over the people with great cruelty was deposed by the Senate and he with his sonne though already made Caesar and declared Emperour adjudged enemies and Rebels and Gordianus with his Sonne elected and proclamed Emperours by the Souldiers people and Senate of Rome After which they considering the great power of Maximinus â—o secure the City made great preparations to resist him and writ letters to all their Provinces that all those Governours that Maximinus had there placed should be displaced which direction was generally obeyed and the Governours most of them slain Thereupon Maximinus then in Hungary posts with his Army and Son towards Rome and young Gordianus being slain his Father strangled in the interim the Senate assembled in the Temple of Jupiter chose Maximus Pupienus and Clodius Balbinus Emperours and to please the people which consented not to their election they likewise named young Gordianus Caesar and raised forces to resist Maximinus who lying before Aquilia his Souldiers hearing that he with his Sonne were proclamed Rebels at Rome and new Emperours elected came bodily to their Pavilions about noone slew them and sent their heads to Rome By these with sundry presidents of like nature it is apparent that the Soveraigne power and Jurisdiction even after the Roman empire erected continued still in the Senate and people to whom the Emperours were responsible by whom they were deposed yea put to death for their misdemeanours and offences against the state and oppressions of their Subjects Which power they retained till the Emperours removed their Courts from Rome to Constantinople by which meanes the authority of the Senate and dignity of the Consuls was almost wholly lost by degrees in Justine the seconds reigne After the seat of the Empire was translated to Constantinople the Senate People Souldiers and Patriarchs of Constantinople claimed a right and power to elect their Emperours to prescribe conditions and Oaths unto them before they were crowned as also a power in some cases to depose them yea execute them as you may read at large in their lives Of which I shall recite some instances Julian the Apostate dying Jovinian assensu omnium by the joynt assent of all the Souldiers Captains and people was elected Emperor who absolutely refused the Empire saying that he being a Christian would not be an Emperor over Infidels But all men were so pleased with his election that they cryed out aloud saying we are all Christians And for his sake those which were not so resolved to become Christians upon condition that he would accept the Empire which
demands and offers it was finally determined That the Dutchy of Normandy was so appropriated unto the King of France and to his heires that in no wise it might be dissevered from the Crowne but that a perfect unitie might be had betweene the King and his brother the King should be instanced to give yearly to his brother in recompence of the said Dutchy 12000 pounds of Turon money with certain land to be assigned with the name of a Duke and 40000 annuall rent of like money during his naturall life for such portion as he claimed to be his right within the Realme To all which the king agreed and to pardon the Duke of offences against his Majestie and all such Lordships as he had wonne from him in Britaine to restore which offers Charles refusing was the yeare following contented with the Dutchy of Guyan onely and so the warre of Normandy ceased After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours whom he specially recommended to his sonne Charles the ninth on his death-bed came to disgracefull ends Oliver Damman was beheaded for Treason and Iohn Doyacon for trespasse and hatred unto the common people by his desert was with all shame brought to the Market place at Paris and there bereft of both his ears and then banished the Court for ever by reason whereof arose this proverbe among the Frenchmen Principibus obsequi haereditarium non esse The favour of Princes is not hereditary Philip de Commines living under Lewes the eleventh and Charles the eighth by whom he was made Lord of Argenton being in high favour with them and a great Councellor of State hath this notable passage against the French Kings power then to impose any taxes on their Subjects without their free assents in a Parliament of the 3. Estates though the contrary be now daily practised to the intollerable grievance of the subjects Is there any King or Prince that hath power to leavie one penny upon his subjects besides his demains without leave or consent of those that must pay it unlesse it be by tyrannie and violence A man will say that sometime a Prince cannot tarry to assemble his Estates because it would require too long time Whereunto I answere That if he move a Warre offensive there needeth no such haste for he may have leisure enough at his owne pleasure to make preparation and further he shall be much stronger and much more feared of his enemies when he moveth warre with the consent of his subjects then otherwise Now as touching a warre defensive that Cloud is seene long before the tempost fall especially when it is a forraine warre and in this case good subjects ought not to complaine nor to refuse any thing that is laid upon them Notwithstanding such invasion cannot happen so suddenly but the Prince may have leisure at the least to call together certaine wise personages to whom he may open the causes of the warre using no collusion therein neither seeking to maintaine a trifling warre upon no necessitie thereby to have some colour to leavie money Money is also necessary in time of peace to fortifie the Frontiers for defence of those that dwell upon them lest they be taken unprovided but this must be done measurably In all these matters the wisdome of a sage king sufficeth for if he be a just Prince he knoweth what he may do and not do both by Gods Lawes and mans To be short in my opinion of all the Seniories in the world that I know the Realme of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in civill warre and alwayes the lot of misfortune falleth upon them that be authors of this warre Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what he listeth upon his subjects considering that neither he nor any other Prince hath power so to doe and those that say he hath do him no honour neither make him to be esteemed any whit the mightier Prince thereby but cause him to be hated and feared of his neighbours who for nothing would live under such a government But if our King or those that seeke to magnifie and extoll him should say I have so faithfull and obedient subjects that they deny me nothing I demand and I am more feared better obeyed and better served of my subjects than any other Prince living they endure patiently whatsoever I lay upon them and soonest forget all charges past This me thinkes yea I am sure were greater honour to the King then to say I leavie what I list and have priviledge so to doe which I will stoutly maintaine King Charles the fift used no such termes neither did I ever heare such language proceed from any king but from divers of their servants who thought they did their Master great service in uttering such speeches but in mine opinion they misbehaved themselves towards their Prince and used such language partly because they would seeme to be good servants and partly because they knew what they said But for a manifest proofe of the French mens loyaltie and obedience to their Prince we need alledge none other example then that we have seene ourselves of late by experience when the Three Estates were assembled at Towrs after the death of our Master King Lewes the eleventh which was in the yeare of our Lord 1483. A man might have thought this good assembly to be dangerous for the kings estate yea and divers there were of mean calling and lesse honesty that said then and often said since That it is Treason to make mention of assembling the Estates and a thing tending to the diminishing of the Kings authoritie but themselves are those that worke Treason against God the king and the Common-wealth neither doe any use these speeches but either such as are in authoritie without desert and unworthy thereof or such as are common Tale-carriers and accustomed to talke of trifling matters or such as feare great assemblies lest their doings should there be ripped up and reprehended c. Charles the eighth of France beeing but thirteene yeares of age when the Crowne descended to him hereupon in the year 1484. a generall Parliament was held at Towrs with more free accesse then had beene usuall yet not so effectuall as was expected every one seeking rather to maintaine his private authoritie then to procure the peoples ease In this Parliament the pragmatick sanction was restored to use it as they had accustomed The Constables sword was given to the Duke of Bourgon the government of the Kings person to his Sister a cunning woman and somewhat of her fathers humour but the name of Regent was forbidden to them all to prevent jealousies and there was a Counsell enacted of Twelve by whom matters should be dispatched in the kings name of the
that she was forced to serve other Noble women for her living wherefore to expiate this disgrace she murthered him in his bed and afterwards slew her selfe also Donald the 70 King of Scotland gave himselfe wholy to his pleasures keeping none but Hunters Hawkers and inventors of new lusts about him on whom he spent the revenues of the Realme by which he corrupted the youth of the kingdome which the ancients of the Realme discerning assembled and went to the King admonishing him of his duty which he notwithstanding neglected till the wars roused him up Which being ended he returned to his pristine courses Whereupon the Nobles fearing lest this filthy and sloathfull man who would neither be amended by the councels of his friends nor calamities of his people should lose the remainder of the Kingdome which was left cast him into prison where for griefe of his inhibited pleasures or feare of publike shame he layd violent hands upon himselfe Constantine the second was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realme by good Lawes after which he was slaine in battle by the Danes King Ethus his brother and successor polluting himselfe with all vices and drawing all the youth of the Country prone to wickednesse with him he was the reupon seised on by the Nobles who making a long Oration to the people wherein they related the wickednesses of his whole life he was forced to renounce his right in the kingdome and dyed in prison of griefe within three days after Gregory being made King in his stead Constantine the third turning Monke Malchombe was elected king who was slaine by the conspiracie of theeves whose sonne Duffus being an infant Indulfus enjoyed the Crowne to whom Duffus succeeding was murthered by Donald whereupon a Parliament was assembled to chuse a new King which elected Culenus who at last degenerating into all licentiousnesse ravished Virgins Nunnes yea his owne sisters and daughters and set up a kinde of publicke stewes For which being reprehended by the Nobles he excused part by reason of his youth part by reason of feare and acknowledgeing his sorrow for the residue promised a â—endment But he not reforming upon their admonitions they departed from Court that they might neither be witnesses nor partakers of his vices The king freed of their troublesome company gave himselfe wholy to feasting and venery spending nights and dayes in dishonest sports and pleasures with his dissolute companions and to maintaine his luxurie he pillaged and oppressed his Subjects especially those who were rich and by his disorders fell into a grievous sicknesse which made him a deformed carcasse fit for nothing but to suffer the penalties of his vitious life his Courtiers and companions spoyling the people every where in the meane time Whereupon the Nobles were enforced to summon a Parliament at Scone where the king was commanded to be present that together with the rest he might consult how to provide for the publicke safety in his precipitate State of things with which sommons being awaked he began to consult with his companions what was best to be done for his owne safety in these exigents being unable to resist or flee he resolved to goe to the Parliament hoping to finde some mercy there for his good fathers sake to preserve him from falling into extreame misery but in his way thither he was slaine by the Thane of the Country for his violent ravishment of his daughter his death was acceptable to all because it freed them of such a monster with lesse labour then they expected and Kenneth the third was made King in his place who poysoning his Nephew Malcolme heire to the crown after his decease to settle on his own posteritie he caused the Lords in Parliament to repeale the ancient Law wherby the Crown discended to the next of kin during the minority of the right heire and to enact that the sonne should from thenceforth inherite the crowne next after his father through a Minor that the Realme during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 yeeres of age and after that by a Gardian elected by himselfe that if the Kings eldest sonne dyed having issue the issue should inherit before the second brother c. After which the King generally hated for the poysoning of Malcolme was slaine by the practise and command of Fenella He thus cut off Constantine surnamed the bald sonne of Culen pretending the new Law concerning the discent of the Crowne to be unjust obtained by force and contrary both to the publicke liberty and safety to wit that an infant commonly governed by a woman being unable to governe or repulse an enemy in times of danger yea a curse of God upon a Realme and therefore not to be endured or setled by a Law especially in those time of warre when they had so many enemies should be preferred before a Kinsman of full age fit to raigne so ambitiously sought the Crowne and made so many friends that he procured himselfe to be proclaimed King at Scone which Malcolme sonne of Kenneth for whose sake this new Law was enacted understanding presently raised all the Forces he could which being conducted by his brother Kenneth Constantine and he in the second encounter were both slaine one of another After whose death Grame the sonne of Duffus usurping the Crowne when he and Malcolme were ready to encounter with their Armes this agreement was made betweene them by Forthred a Bishop that Grame should retaine the Kingdome and the new Law of succession be suspended during his life and Malcolme succeede him after his death After which Grame giving himselfe to all dissolutenesse covetousnesse and oppression and warring upon those Nobles and Councellors who advised him to reforme his evill courses with greater cruelty than any forraigne enemie destroying both men townes cattle fields and making all a common prey hereupon they called in Malcolme out of Northumberland to assist them who encountring Grame on Ascention day tooke him prisoner being deserted of his people wounded in the head and then put out his eyes who soone after dying of sorrow and his wounds Malcholme thereupon summoned a Parliament at Scone and would not take the Crown till the Law concerning the succession made in his fathers raigne was ratified by all their consents against which Law Buchanan exceedingly inveighs in the beginning of his seventh Booke as the occasion and increase of all those mischiefes both to King and Kingdome which it was purposely made to prevent This Malcolme after he had raigned long victoriously with much honour in his declining age growing very covetous tooke away the lands he had formerly given to his Nobles for their good service in the wars and punished divers of the wealthiest men so severely that he brought many of them to death others to extreame poverty which injuries lost him all his love honour and so farre exasperated the
men and then spoiled and burned the Towne Coâ—ntry with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne James the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation tooke up Armes to destroy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Generall the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contented for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaimes him king Iuly 29. 1564. which done she excluded the Nobility from her Councells and was wholly advised by David Ritzius a Subaudian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besieged the Queen till she rendred her selfe prisoner upon this condition that she should adjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltons in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Leseux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Northfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c. and for it beheaded at Fotherringham Castle Feb. 8. 1587. The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What the Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the
WHICH YE SHALL HAVE CHOSEN you Hence Saul their first King though nominated and designed by God and Samuel was yet approved confirmed and made King by the People Who shouted and said God save the King when Samuel presented him to them 1 Sam. 10. 24. But the children of Belial despising and bringing him no presents Verse 27. after Saul had conquered the Ammonites who besieged Iabesh Gilead The people said unto Samuel who is he that said Shall Saul Reign over us bring the men that we may put them to death Then Saul said There shall not a man be put to death this day for this day the Lord hath wrought salvation in Israel Then said Samuel to the people Come let us go to Gilgal and renew the Kingdom there And ALL THE PEOPLE went to Gilgal and there THEY MADE SAVL KING before the Lord in Gilgal Where Samuel useth this speech to the people concerning Saul Now therefore behold THE KING WHOM YE HAVE CHOSEN and whom Ye have desired the Lord hath set a King over you So that the choice and election of him was as well theirs as Gods And Verse 25. he calls him Your King because chosen and made by as well as for the people Saul being slain by his owne hands the Crown descended not to his sonne by way of descent but David succeeded him by Gods designation and the Peoples election too by whose authority he was made and crowned king being formerly annointed by Samuel to succeed Saul This is irreâ—ragable by the 2 Sam. 2. 4. Where David going up to Hebron by Gods direction the men of Iudah came and there They Annointed David King over the House of Iudah After which 2 Samuel 5. 1. 105. ALL THE TRIBES OF ISRAEL came to David to Hebron and spake saying Behold we are thy bone and thy flesh Also in time past when Saul was King over us thou wast he that leddest out and broughtest in Israel And the Lord said to thee Thou shalt feed my people Israel and thou shalt be a Captain over Israel So AL THE ELDERS of Israel came to the King at Hebron and King David made a League or Covenant with them before the Lord and THEY ANNOINTED DAVID KING OVER ISRAEL And in the 1 Chron. 12. 23. to 40. Wee have a particular recitall of the numbers of the bands that were ready armed to the Warre and came to David to Hebron to TVRN the Kingdome of Saul TO HIM and came with a perfect heart to Hebron TO MAKE DAVID KING OVER ALL ISRAEL and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING Whose title to the Crown being afterward shaken by his sonne Absalom who cunningly usurped it and that by the election of the people too as is evident by Hushai his speech unto him 2 Sam. 16. 18. Nay but whom the Lord and THIS PEOPLE AND ALL THE MEN OF ISRAEL CHOOSE his will I be and with him I will abide compared with 2. Sam. 29. 9 10. And all THE PEOPLE were at strife thorow all the Tribes of Israel saying Absalom whom WE ANOINTED OVER VS is dead c. A cleare evidence the kingdome was then held elective and that the people had the Soveraign power of electing and creating their kings all the people throughout all the Tribes of Israel and the men of Iudah to re-establish David in his Throne being fled out of the Land sent this Message to him Returne thou and all thy servants Whereupon the King returned and all the Tribes went as farre as Iordan to meet and bring him back again to Gilgal David growing old his son Adonijah against his consent accompanied with some great Officers and Courtiers of his party usurped the Crown and was by them saluted King but David hearing of it by Gods election and choise commanded Solomon though not his eldest sonne to be annointed and proclaimed King and to sit upon his Throne in his life time As soon as he was anointed and the Trumpet blew ALL THE PEOPLE said God save king Solomon And ALL THE PEOPLE came up after him and piped with fluits and rejoyced with great joy so that the earth rent with the sound of them So that all Adonijah his company forthwith deserted him and he and Ioab were glad to flee to the hornes of the Altar for shelter After which David assembled all the Princes of Israel the Princes of the Tribes the Captaines of Companies thousands and hundreds the Stewards Officers and mighty men with all the valiant men of his kingdome to Ierusalem then he declared to all the Congregation that God had chosen Solomon to sit upon the Throne of the kingdome of the Lord over Israel and to build him an house c. exhorting them to contribute liberally towards this building which they did and when they had blessed the Lord and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the sonne of David KING THE SECOND TIME AND ANOINTED HIM unto the Lord TO BE THE CHIEFE GOVERNOVR his first Coronation being but private without the presence and consent of the whole Realme but of those only then present in Ierusalem Then Solomon sate on the Throne of the Lord as king instead of David his Father and ALL ISRAEL OBEYED HIM and all the Princes and mighty men and likewise all the sonnes of David submitted themselves to him as thâ—â—r king after he was thus generally elected and crowned king the 2. time by all the Congregation And after Davids death he was established and strengthened in his kingdome by the peoples voluntary admission and free submission to him From which History of Solomon it is cleare 1. That though David caused Solomon to be first crowned King privately to prevent Adonijah his usurpation yet hee thought that title not sufficient without a second Election admission and Coronation of him by all the People and generall Congregation 2. That till this his second inauguration by all the people he was not generally acknowledged nor obeyed by all as their lawfull king 3. That Gods and Davids designation of Solomon to the Crown did not take away the peoples liberty right and power freely to nominate make and choose their kings their preuious designation being thus accompanied with this tacit condition that the people likewise should freely elect constitute and crown him for their king else what need of this their subsequent concurrent acceptance and second coronation of him for their king by all the congregation if their consents and suffrages were not necessary or how could he have raigned over them as their lawfull king had not the people generally chosen accepted admitted him for their Soveraigne Solomon deceasing Rehoboam his eldest sonne went up to Sechem what to doe not to claime the crown by discent from his Father but by election from the people as the following History manifests FOR ALL ISRAEL were come to Sechem TO MAKE HIM KING if to make him
could not as it is certain he could not is it not manifest whatsoever he shall arrogate to himself besides that he cannot any more usurp it then any theef But on the contrary the people have a right of perpetuall eviction Therefore that the Nobles have been for a long space oppressed in any Kingdom can no way prejudice the people but rather as the servant should not be heard who in that he hath a very long time detained his Lord captive should boast that he was not onely a Free-man but would likewise arrogate to himself a power of life and death over his Lord nor yet a Theefe who because he hath robbed 30. yeers or is the sonne of a Theefe should think himselfe to be without fault yea rather by how much the longer he hath been such a one the more severely should he be punished So likewise a Prince is not to be heard or endured who because he hath succeeded to a Tyrant or hath for a long time used the people like a bondslave from whom he hath received his kingdome or hath offered violence to the Nobles should think that what ever â—e lusted should be lawfull to him and ought to be granted of right Neither doe yeers substract any thing from the peoples right but adde to the injury of the King But what if the Nobles themselves have colluded with the King what if in betraying the cause they have betrayed the people as it were bound into the hands of a Tyrant shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King whether I say by this fact is any thing taken away from the liberty of the people or adjoyned to the licentiousnesse of the Prince You will say they may impute it to themselves who made choise of such men of perfidious faith But yet these are as patrons to patronize the publike profit and the peoples safety and liberty Therfore as when an Advocate shall make a compact with the adversary of his Client concerning the value of the suit as they speake if he had betrayed his cause he should not hurt him at all so this conspiracie of the Nobles as it were made to the dammage and destruction of the people cannot verily detract any thing from their right but even they themselves shall fall into the penalty of the Law which is promulged against prevaricators and the Law permits the people to chuse another patron and to prosecute their right againe For if the Roman people condemned their Emperors to punishment who at the Caudine Gallowes had dishonourably contracted with the enemies although by compulsion and reduced to greatest straits and judged that they were no wayes obliged by that paction shall not the people be much lesse bound to suffer that yoke which not by force but willingly not for feare of death but out of desire of gain hath been thus treacherously put upon them Or if those who ought to shake it off shall impose it or those who might doe it shall tolerate it He hath many other pertinent passages to the same effect which brevity enjoynes me to omit those that please may read them at their leisure in the Author himselfe whose opinion is fortified by Alphonsus Menesius his poems annexed to his Treatise Thirdly it is abundantly manifest from all the premises That Kings and Emperours alwayes have been are and ought to be subject to the Lawes and Customes of their Kingdomes not above them to violate breake or alter them at their pleasures they being obliged by their very Coronation Oathes in all ages and Kingdomes inviolably to observe them This verily is confessed by K. Iames by our K. Charls himself in his late Declarations to al his Subjects resolved by Bracton Fleta Fortescue our Common and Statute Laws forecited by the Year Book of 19. H. 6. 63. a. where Fray saith That the Parliament is the highest Court which the King hath and the Law is the highest inheritance which the King hath for by the Law he himselfe and all his Subjects are ruled and if the Law were not there could be no King nor inheritance This is proued by Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector where he writes That when he was Embassadour in the Emperours Court he was faine there and with the Emperours Embassadour to defend and maintaine by Commandment in a case of Jewels That the Kings of this Realme were not above the Order of their Laws and therefore the Jeweller although he had the kings Bill signed yet it would not be allowed in the Kings Court because it was not obtained according to the Law and generally granted by all our own English Writers is copiously asserted and professedly averred by Aristotle Polit. l. 3. c. 11. 13. Marius Salomonius de Principatii in sixe speciall Books to this purpose by Justus Eccardus de Lege Regia Thomas Garzonius Emporii Emporiorum Pars 1. Discursus 1. de Dominiis sect 6. p. 9 10. Joannis Carnotensis Episc lib. 4. Policrat c. 1. Bochellus Decreta Eccles Gal. l. 5. Tit. 1. Cap. 6. 15 16. Haenon Disput Polit. p. 428. to 442. Fenestella de Magistratu p. 149. Ioannis Mariana de Rege Regis Instit l. 1. c 9. an excellent discourse to this purpose Petrus Rebuffus Praefat. ad Rubr. de Collationibus p. 583 584. Sebastianus Foxius de Rege c. part 1. p. 108 109 part 2. 192 c. Buckanon de Iure Regni apud Scotos passim Iunius Brutus Vindiciae contra Tyrannos quaest 3. p. 116. to 139. an accurate discouse to this effect Grimalius de Optimo Senatore p. 33. 201 205. Vasquius contr Illustr 16. n. 15. 19. 21. 17. n. 1. â—3 20. n. 3. 44. n. 3. 73. n. 12. 13 15. 72. n. 7. and elswhere De Iure Magistratus in subditos passim Polanus in Ezech. p. 824. 854. Pareus in Rom. 13. p. 138. Francis Hotomani Franco Gallia c. 6. to the end of Cap. 20. Sparsim Governado Christiano p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Belli l. 1. c. 4. f. 7. l. 2. c. 14. and elsewhere thorowout his second Book with infinite others of all sorts This all good Emperours and Kings in all ages have professed as these Authors prove Thus the good Emperour Trajan practised and professed That the Prince was not above the Laws Hence Apollonius Thyanaeus writing to the Emperor Domitian saith These things have I spoken concerning Lawes which if thou shalt not think to reignover thee then thy self shalt not reign Hence Autiochus the third King of Asia is commended that he writ to all the Cities of his Kingdom if there should be any thing in his Letters he should write which should seem contrary to the Laws they should not obey them And Anastatius the Emperour
put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably walled his Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and went to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laon he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to govern the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feaâ—â—r Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxe Charles the fifth of France having a purpose to drive all the English cut of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Whereas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Councell then they contemne and set them at naught or else fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and seditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Maie leaving his Wife great with Childe Philip Earle ofValoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After